- 1 - HC-KAR NC: 2025:KHC-D:17180 WP No. 107230 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.107230 OF 2025 (GM-CPC) BETWEEN: 1. SMT. PUSHPA W/O. PRABHURAJ GUJMADAGI AGE. 46 YEARS, OCC. HOUSEHOLD WORK, R/O. RAMAPUR SITE, “LALITA NILAYA”, GOKAK MILL ROAD, SAVADATTI, TQ. SAVADATTI, DIST. BELAGAVI. 2. SMT. SUNANDA W/O. SADANAND BADIGER AGE. 42 YEARS, OCC. HOUSEHOLD WORK, R/O. BAGADAGERI, TQ. KALAGHATAGI, DIST. DHARWAD. 3. NAGALING S/O. CHANABASAPPA BADIGER AGE. 39 YEARS, OCC. AGRICULTURE, R/O. BAGADAGERI, TQ. KALAGHATAGI, DIST. DHARWAD. …PETITIONERS (BY SRI. S.B. DODDAGOUDAR, ADVOCATE) AND: 1. SMT. HEMAVVA W/O. GOPAL BADIGER AGE. 60 YEARS, OCC. HOUSEHOLD WORK, R/O. BAGADAGERI, TQ. KALAGHATAGI, DIST. DHARWAD. 2. SMT. MALLAVVA W/O. BASAVARAJ BADIGER AGE. 58 YEARS, OCC. HOUSEHOLD WORK, R/O. BAGADAGERI, TQ. KALAGHATAGI, DIST DHARWAD. CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:17180 WP No. 107230 of 2025 3. SMT. MANJULA W/O. CHIDANAND BADIGER AGE. 35 YEARS, OCC. HOUSEHOLD WORK, R/O. PALIKOPPA, TQ. HUBBALLI, DIST DHARWAD AND SANNA ONI, NAGASHETTIKOPPA, KESHWAPUR, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD. 4. CHANABASAPPA S/O. BASAPPA BADIGER AGE. 71 YEARS, OCC. AGRICULTURE, R/O. BAGADAGERI, TQ. KALAGHATAGI, DIST. DHARWAD. 5. SMT. SUSHILA W/O. CHANABASAPPA BADIGER AGE. 68 YEARS, OCC. HOUSEHOLD WORK, R/O. BAGADAGERI, TQ. KALAGHATAGI, DIST. DHARWAD. 6. SMT. SUNITA W/O. MAHESH BADIGER AGE. 56 YEARS, OCC. HOUSEHOLD WORK, R/O. BAGADAGERI, TQ. KALAGHATAGI, DIST. DHARWAD. …RESPONDENTS (BY SRI. G.G. GADAG, ADVOCATE FOR R1 AND R2; NOTICE TO R3 TO R5-SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE ORDER ON I.A.NO.3 DATED 14.07.2025 ON AN APPLICATION UNDER ORDER 41 RULE 27 R/W SEC.151 CPC PASSED BY THE IV ADDL. DISTRICT AND SESSION JUDGE, DHARWAD IN R.A.NO.48/2023 VIDE ANNEXURE-A & ETC. THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:17180 WP No. 107230 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioners. 2. The petition is filed assailing the order dated 14.07.2025 permitting production of additional document before the Appellate Court on an application under Order XLI Rule 27 of the Code of Civil Procedure. 3. Learned counsel for the petitioners submits that on the previous hearing, he bonafide made a statement that application is allowed before hearing the appeal on merit and in this context, accepting the said submission, the interim order was granted staying the further proceedings. 4. Now it is submitted that application is allowed after hearing the parties on merits of the appeal. The Court has heard the matter on merits. 5. The application is filed for production of document and the said document is said to be the certified copy of a Vardi given to the Revenue Officer. - 4 - HC-KAR NC: 2025:KHC-D:17180 WP No. 107230 of 2025 6. Learned counsel for the petitioners would submit that the said document was not available and an endorsement was issued by the Tahsildar stating that the said document is not available and said endorsement is marked before the Trial Court. Thus, he would contend that the document appears to be suspicious and created after the filing of appeal. 7. Learned counsel would also submit that no reasons are assigned as to why the document is not furnished earlier. 8. The Court had considered the contentions raised at the Bar and perused the records. 9. The document which is sought to be produced is a certified copy issued by the competent Revenue Officer. Whether the document is genuine or not, in the light of the earlier endorsement which is to the effect that said document is not available, has to be tested after recording evidence on the said document. 10. Under these circumstances, the Court does not find any error in the order passed by the Appellate Court in allowing the application for production of additional document. - 5 - HC-KAR NC: 2025:KHC-D:17180 WP No. 107230 of 2025 11. Accordingly, following: ORDER i. Writ petition is dismissed. ii. It is made clear that the petitioners are at liberty to cross-examine the appellant on the said document as advised in law. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT:VP LIST NO.: 1 SL NO.: 7