- 1 - HC-KAR NC: 2025:KHC-D:16075 WP No. 102363 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 21ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 102363 OF 2025 (GM-CPC) BETWEEN: YOGAPPA S/O SAKRAPA GOKUL, AGED ABOUT 64 YEARS, OCC. RETIRED TEACHER, RESIDING AT: NARAYANPUR, YELLAPUR TALUK, DIST. UTTAR KANNADA-581 359. … PETITIONER (BY SRI. MALLIKARJUNSWAMY B.HIREMATH, ADVOCATE) AND: VASANT S/O NARAYAN NAYAK, AGED ABOUT 65 YEARS, OCC. RETRIED PROFESSOR, RESIDING AT: NARAYANPUR, YELLAPUR TALUK, UTTAR KANNADA-581 359. … RESPONDENT (BY SRI. HARSHWARDHANA M.PATIL, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 21.01.2025 ON I.A. NO.9 PASSED BY THE CIVIL JUDGE AND JMFC, YELLAPUR IN O.S. NO.47/2022 WHICH IS PRODUCED AT ANNEXURE-F. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.11.26 11:35:26 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16075 WP No. 102363 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 21.01.2025 at Annexure - F. In terms of the said order, the application filed by the plaintiff under Order XVI Rule 6 read with Section 151 of the Code of Civil Procedure is rejected. 2. The Court has rejected the application on the following grounds: (a) The document which is sought to be summoned is a public document in the Office of the Tahsildar and the same can be obtained by applying for a certified copy; (b) The plaintiff had produced document obtained under the Right to Information Act, 2005 which would again indicate that the document is in the custody of the Tahsildar and the plaintiff can apply for the certified copy and produce the same. - 3 - HC-KAR NC: 2025:KHC-D:16075 WP No. 102363 of 2025 3. Learned counsel appearing for the plaintiff/petitioner would contend that the Tahsildar has issued an endorsement stating that the document in his custody is a xerox copy as such, he would submit that the Tahsildar has to be summoned to produce the original record. 4. Learned counsel for the respondent would submit that the petitioner has to apply for the certified copy and then he can produce the same as the document is a public document. 5. The Court has perused the records. 6. There is an endorsement issued by the Tahsildar stating that the document in his custody is the xerox copy and not the original, as such he cannot issue the certified copy. 7. Since, the Tahsildar has stated that the document in his custody is the xerox copy, the Tahsildar is - 4 - HC-KAR NC: 2025:KHC-D:16075 WP No. 102363 of 2025 required to be summoned to explain as to where is the original and why only Xerox is available in the office of Tahsildar. 8. Accordingly, following: ORDER i. Writ petition is allowed. ii. Impugned order dated 21.01.2025 is quashed. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN CT:BCK LIST NO.: 1 SL NO.: 65