- 1 - NC: 2025:KHC:6858 WP No. 4349 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 4349 OF 2025 (GM-CPC) BETWEEN: SMT LAKSHMI K M W/O SRI. BEERALINGA AGED ABOUT 37 YEARS R/AT BEEREGOWDANAHUNDI VILLAGE KADAKOLA POST, JAYAPURA HOBLI MYSURU TALUK AND DISTRICT-571311. …PETITIONER (BY SRI. VEERABHADRA SWAMY H P.,ADVOCATE) AND: SMT GUDAGAMMA @ MADAMMA W/O LATE KUNTANAYAKA AGED ABOUT 89 YEARS R/AT KADAKOLA VILLAGE MYSURU TALUK AND DISTRICT-571311. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED: 22.01.2025 IN O.S.NO. 967/2021 IN I.A.NO. 8/2024 PASSED BY THE HONBLE COURT OF III ADDL. CIVIL JUDGE AND JMFC, AT MYSURU VIDE ANNEXURE-G AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6858 WP No. 4349 of 2025 CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner/defendant challenging the order dated 22.01.2025 passed by the III Additional Civil Judge and JMFC, Mysuru on I.A.No.8/2024 filed by the defendant under Order VII Rule 14 read with Section 151 of CPC in O.S.No.967/2021, whereby the said application has been dismissed. 2. The plaintiff has filed the suit for declaration. When the matter was posted for evidence, the defendant filed an application under Order VII Rule 14 of the CPC seeking dismissal of the suit on the ground that the plaintiff has not produced the title deed to establish his case. The trial Court by order dated 22.01.2025 dismissed the said application. Being aggrieved by the same, the present petition is filed. 3. Heard the learned counsel for the petitioner. Perused the petition papers. - 3 - NC: 2025:KHC:6858 WP No. 4349 of 2025 4. The plaintiff has filed the suit for a declaration. Thereafter, when the matter was posted for evidence, the defendant filed an application under Order VII Rule 14 read with Section 151 of CPC seeking dismissal of the suit on the ground that the plaintiff has not produced title deed while filing the suit. Since the trial has not yet been completed, the plaintiff has every right to produce the documents until the final disposal of the suit. In case the plaintiff fails to produce the documents, the suit will be disposed of on the basis of available material on record. 5. At this stage, the defendant's application under Order VII Rule 14 of the CPC cannot be considered for the dismissal of the suit. The trial Court has rightly dismissed the application. There is no error or illegality in the order passed by the trial Court. 6. Accordingly, the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 7