- 1 - HC-KAR NC: 2025:KHC-D:16313 WP No. 106367 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.106367 OF 2025 (GM-CPC) BETWEEN: WEKAS (WOMEN ENTREPRENEURS KARNATAKA ASSOCIATION), NO.6, OPP. APMC BUS STOP, ESHWAR NAGAR, AMARGOL, HUBBALLI-580 025, REP. BY IT’S SECRETARY, SRI. ARUN S/O BHASKAR HEGADE, AGED ABOUT 60 YEARS, OCC. SECRETARY. … PETITIONER (BY SRI. ARAVIND D. KULKARNI, ADVOCATE) AND: 1. SRI. MOHSIN ARAB S/O LATE SALAM ARAB, AGE. 68 YEARS, OCC. BUSINESS, R/O. PATIL GALLI, YALLAPUR ONI, HUBBALLI-580 020. 2. SMT. FATIMA W/O USMAN GANI MUJAWAR, AGE. 45 YEARS, OCC. HOUSE WIFE, R/O. PATIL GALLI, YALLAPUR ONI, HUBBALLI-580 020. 3. SRI. MOHAMMAD ARAB S/O MOHSIN ARAB, AGE. 41 YEARS, OCC. BUSINESS, R/O. PATIL GALLI, YALLAPUR ONI, HUBBALLI-580 020. 4. SRI. RASHEED ARAB S/O MOHSIN ARAB, CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.11.28 11:58:27 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16313 WP No. 106367 of 2025 AGE. 38 YEARS, OCC. BUSINESS, R/O. PATIL GALLI, YALLAPUR ONI, HUBBALLI-580 020. 5. SRI. IMRAN ARAB S/O MOHSIN ARAB, AGE. 35 YEARS, OCC. BUSINESS, R/O. PATIL GALLI, YALLAPUR ONI, HUBBALLI-580 020. 6. SRI. IRFAN ARAB S/O MOHSIN ARAB, AGE. 33 YEARS, OCC. BUSINESS, R/O. PATIL GALLI, YALLAPUR ONI, HUBBALLI-580 020. 7. SMT. AMEENA ARAB D/O MOHSIN ARAB, AGE. 30 YEARS, OCC. HOUSE WIFE, R/O. PATIL GALLI, YALLAPUR ONI, HUBBALLI-580 020. 8. SMT. G. DEVAKI W/O DR. YOGANAND H.S., AGE. 59 YEARS, OCC. HOUSE WIFE, R/O. PLOT NO.E-2, HANUMANT NAGAR, OPP. KARIYAMMA TEMPLE, GAMANGATTI ROAD, HUBBALLI-580 025. … RESPONDENTS (BY SRI. S.S. NIRANJAN, ADVOCATE FOR R1 TO R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, OR ORDER OR DIRECTION QUASHING THE IMPUGNED ORDER DATED 24/07/2025 PASSED BY THE I ADDL. SENIOR CIVIL JUDGE AND JMFC COURT, HUBBALLI IN EX.NO.66/2022, ON I.A. NO.III, FILED U/O XI RULE 14 R/W SECTION 151 OF CPC MARKED AT ANNEXURE-N, CONSEQUENTIALLY ALLOW THE SAID APPLICATION FILED BY THE PETITIONER HEREIN. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:16313 WP No. 106367 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) 1. This petition is filed assailing an order dated 24.07.2025 passed on I.A.No.III filed under order XI Rule 14 read with Section 151 of the Code of Civil Procedure, 1908 (for short ‘Code’) by learned I Additional Senior Civil Judge, Hubballi in Ex.No.66/2022. In terms of the impugned order, I.A.No.III filed by the petitioner to direct the defendants to produce original rent agreement dated 01.03.2010. 2. The petitioner claims to have produced xerox copy of the same and according to the petitioner, the original is with defendant No.1/respondent No.1. Respondent No.1/defendant No.1 has denied existence of the original rent agreement dated 01.03.2010. Under these circumstances, the Trial Court has rejected the application. - 4 - HC-KAR NC: 2025:KHC-D:16313 WP No. 106367 of 2025 3. If the original document is not shown to be in the custody of defendant No.1, then the petitioner cannot seek a direction from the Court to secure the said document. Under these circumstances, this Court does not find any reason to interfere with the said order. 4. Hence, the following: ORDER i. Writ petition is dismissed. ii. In case, the petitioner is able to establish existence of the document in the custody of defendant No.1, it is always open for the petitioner to move one more application to secure the records. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM CT:BCK LIST NO.: 1 SL NO.: 37