IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

WRIT PETITION NO. 16134 OF 2021 (GM-CPC)

BETWEEN:

SRI M. PRAKASH

S/O LATE MUNICHINNAPPA

AGED ABOUT 61 YEARS R/AT NO.6/1, A MAGADI

MAIN ROAD, SUNKADAKATTE

VISHWANEEDAM POST BENGALURU - 560 091.

…PETITIONER

(BY SRI SANDEEP M.K, ADV., FOR

SRI ROOPESHA B, ADV.)

AND:

1. SRI SHIVANNA

S/O LATE SHIVARUDRAPPA

AGED ABOUT 73 YEARS.

Digitally signed by

NANDINI M S 2. SRI S. JEEVAN KUMAR

Location: S/O SHIVANNA

HIGH COUR T

OF AGED ABOUT 27 YEARS.

KARNATAKA

BOTH ARE RESIDING IN

PORTION OF NO.142, 4TH CROSS

OLD KHANESHUMARI

NO.146/231, THEN NO.D148/231

BBMP WARD 129, HANUMANTHARAYANA

PALYA, SRIGANDADAKAVALU

VISHWANEEDAM POST BENGALURU - 560 091.

…RESPONDENTS

(BY SRI SAGAR B.B, ADV.)

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN O.S.NO.5362/2017 ON THE FILE OF XXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU CCH-33QUASH THE IMPUGNED ORDER DATED 07.08.2021 PASSED ON I.A.NO.60 FILED UNDER ORDER 18 RULE 17 R/W SECTION 151 OF CODE OF CIVIL PROCEDURE AND ON I.A.NO.61 UNDER ORDER 7 RULE 14 R/W SECTION 151 OF CODE OF CIVIL PROCEDURE IN O.S.NO.5362/2017 ON THE FILE OF XXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-33) VIDE ANNEXURE-G.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. Plaintiff is before this Court in this writ petition filed under Article 227 of the Constitution of India, with a prayer to set aside the order dated 07.08.2021 passed on IA nos.60 & 61 in O.S.No.5362/2017 by the Court of XXXIII Addl. City Civil &

Sessions Judge, Bengaluru.

2. Heard the learned Counsel for the parties.

3. Suit in O.S.No.5362/2017 is filed by the petitioner herein seeking the relief of declaration of his title in respect of plaint 'B' & 'C' schedule property, to declare that the sale deed dated 15.07.2016 is not binding on the plaintiff, for mesne profits and also for arrears of rent. The defendants have filed written statement in the said suit and have opposed the suit claim. When the suit was at the stage of recording defendants' evidence, IA no.60 was filed on behalf of the plaintiff under Order XVIII Rule 17 read with Section 151 CPC with a prayer to recall PW-1 for the purpose of further examination and IA no.61 was filed under Order VII Rule 14 read with Section 151 CPC to permit the plaintiff to produce three documents. The prayers made in IA nos.60 & 61 were opposed by the defendants by filing objections. The Trial Court vide the order impugned has rejected IA nos.60 & 61 and being aggrieved by the same, plaintiff is before this Court.

4. Learned Counsel for the petitioner having reiterated the grounds urged in the petition, has submitted that the documents which are sought to be produced are in respect of Schedule 'B' & 'C' properties and they stand in the name of the petitioner. Inadvertently, the said documents have not been produced and for the purpose of proper adjudication of the dispute in the suit, the documents are relevant.

5. Per contra, learned Counsel for the contesting respondents has argued in support of the order impugned and he has submitted that the documents which are produced were in existence at the time of filing the suit. During the course of cross-examination of PW-1, he has specifically admitted that he had not filed any application seeking transfer of khatha of the suit schedule property in his name. Only to overcome such admissions, the documents are sought to be produced. The documents are produced at a belated stage, and therefore, the Trial Court was justified in rejecting the application.

Accordingly, he prays to dismiss the petition.

6. The suit in O.S.No.5362/2017 is filed for the relief of declaration of title in respect of suit schedule 'B' & 'C' properties and other reliefs. Plaintiff has examined himself as PW-1. Suit is at the stage of