- 1 - NC: 2025:KHC-D:1749 WP No. 101022 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 101022 OF 2022 (GM-CPC) BETWEEN: M/S SANJAY BUILDERS AND DEVELOPERS, A PARTNERSHIP FIRM HAVING ITS OFFICE AT. #8, II FLOOR, KATARAIA TRADE CENTRE KOPPIKAR ROAD, HUBLI DULY REPRESENTED BY ITS AUTHORIZED SIGNATORY SRI. MANGILAL S/O. HARAKCHANDJI JAIN, AGED ABOUT 73 YEARS, OCC: BUSINESS, R/O. #8, II FLOOR, KATARIA TRADE CENTRE, KOPPIKAR ROAD, HUBLI-580009. …PETITIONER (BY SRI. GANAPATI N. HEGDE, SENIOR COUNSEL FOR SRI. SHIDDALINGANAGOUDA DODDAGOUDAR, ADVOCATE) AND: 1. M/S SAI CONSTRUCTIONS, A PARTNERSHIP FIRM, DULY REPRESENTED BY ITS MANAGING PARTNER, SRI. RAVINDRA S/O.GANAPATI REVANKAR, AGED ABOUT 55 YEARS, OCC: BUSINESS, R/O. SAI COMPLEX, DURGAD BAIL, HUBLI-580009. 2. M/S MODERN INDIA LIMITED, ALSO KNOWN AS THE MODERN MILLS LIMITED, A PUBLIC LIMITED COMPANY, REGISTERED UNDER THE INDIAN COMPANIES ACT, 1956 GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI Location: High Court of Karnataka, Dharwad Bench Date: 2025.01.31 12:35:31 +0530 - 2 - NC: 2025:KHC-D:1749 WP No. 101022 of 2022 HAVING ITS REGISTERED OFFICE AT MODERN CENTRE, SANE GURUJI MARG, MAHALAKSHMI, MUMBAI-400011, DULY REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR. 3. SRI. VIJAY KUMAR S/O. MAHAVEERPRASAD, AGED ABOUT 56 YEARS, OCC: BUSINESS, CHAIRMAN AND MANAGING DIRECTOR, M/S. MODERN INDIA LIMITED, MODERN CENTRE, SANE GURUJI MARG, MAHALAKSHMI, MUMBAI-400 011. 4. SRI. VIJAY S/O MANGILAL JAIN, AGE: MAJOR, OCC: BUSINESS-PARTNER, M/S. SANJAY BUILDERS AND DEVELOPERS, R/O. NO.8, II FLOOR, KATARAIA TRADE CENTRE, KOPPIKAR ROAD, HUBLI-580009. 5. SRI. MANJUNATH BHAT, AGED ABOUT 52 YEARS, OCC: ADVOCATE-GPA HOLDER OF RESPONDENT NO.2 COMPANY, R/O. PLOT NO.12, “SHREEGURU”, AKASH PARK, KUSUGAL ROAD, HUBLI-580009. …RESPONDENTS (BY SRI. V.P. VADAVI, ADVOCATE FOR R2-R5; RESPONDENT NO.1 IS PRESENT BEFORE THE COURT) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE ORDER DATED 25.2.2022, PASSED IN O.S.NO.156/2014, PASSED BY THE I ADDITIONAL SENIOR CIVIL JUDGE, HUBLI, VIDE ANNEXURE-A AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:1749 WP No. 101022 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a) Issue a writ of Certiorari to quash the order dated 25.2.2022, passed in O.S.No.156/2014, passed by the I Additional Senior Civil Judge, Hubli, vide ANNEXURE-A. b) Issue any other writ, order or direction as this Hon’ble Court deems fit and proper under the facts and circumstances of this case in the interest of justice and equity. 2. The suit in O.S.No.156/2014 had been filed by respondent No.1, wherein the petitioner has been arrayed as respondent No.4, seeking for specific performance of contract dated 01.05.2012 and other consequential reliefs. 3. In the said suit, the original agreement of sale dated 03.08.2010 and 01.05.2012 were directed to be kept in safe custody of the Court. However, subsequently the said documents were not traced and the trial Court by its order dated 25.02.2022, suo motto directed the office to reconstruct the said documents by following the circular issued by this Court dated 16.10.2020. - 4 - NC: 2025:KHC-D:1749 WP No. 101022 of 2022 4. Sri. Ganapati Hegde, learned Senior Counsel appearing for the petitioner would today submit that he would have no objection for the said reconstruction of the documents in terms of the aforesaid circular. However, considering the dispute is of the year 2014, he submits that the said reconstruction should be effected expeditiously and the matter to be preceded with. 5. I find favour with the said submission. In that view of the matter, the above petition is disposed of with the direction to the Trial Court to get the documents reconstructed at the earliest and proceed with the matter and dispose of the suit as expeditiously as possible, preferably within a period of one year from the date of copy of receipt of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-MCK List No.: 2 Sl No.: 8