- 1 - NC: 2025:KHC-D:7041 WP No. 102856 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MRS. JUSTICE M.G.UMA WRIT PETITION NO. 102856 OF 2025 (GM-CPC) BETWEEN: M/S SAI CONSTRUCTIONS A PARTNERSHIP FIRM DULY REPRESENTED BY ITS MANAGING PARTNER SHRI. RAVINDRA S/O. GANAPATI REVANAKAR, AGE: 57 YEARS, OCC: BUSINESS, R/O: SAI COMPLEX, DURGAD BAIL, HUBLI. …PETITIONER (BY SRI. PRASHANT S. HOSMANI, ADVOCATE) AND: 1. M/S MODERN INDIA LIMITED, ALSO KNOWN AS THE MODERN MILLS LTD., THE INDIAN COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT COMPANY MODERN CENTRE, SANE GURUJI MARG MAHALAKSHMI, MUMBAI-400011 DULY REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR 2. SHRI. VIJAYKUMAR S/O. MAHAVEERPRASAD JATIA, AGE: 48 YEARS, OCC: BUSINESS, CHAIRMAN & MANAGING DIRECTOR, M/S MODERN INDIA LIMITED, MODERN CENTRE, SANE GURUJI, MARG, MAHALAKSHMI, MUMBAI-400011. Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:7041 WP No. 102856 of 2025 3. M/S SANJAY BUILDERS AND DEVELOPERS, A PARTNERSHIP FIRM HAVING ITS OFFICE AT.8, II FLOOR, KATARIA TRADE CENTRE, KOPPIKAR ROAD, HUBBALLI DULY REPRESENTED BY ITS AUTHORISED SIGNATORY, SHRI. MANGILAL S/O. HARAKCHANDJI JAIN AGE: 65 YEARS, OCC: BUSINESS, R/O. #8, II FLOOR, KATARIA TRADE CENTRE, KOPPIKAR ROAD, HUBLI-580021 4. SHRI. VIJAY S/O. MANGILAL JAIN AGE: MAJOR, OCC: BUSINESS-PARTNER, M/S SANJAY BUILDERS AND DEVELOPERS, R/O. #8, II FLOOR, KATARIA TRADE CENTRE, KOPPIKAR ROAD, HUBLI-580021. 5. SHRI. MANJUNATH BHAT, AGE: 44 YEARS, OCC: ADVOCATE, GPA HOLDER OF DEFENDANT NO.1 COMPANY, R/O: PLOT NO.12, “SHREEGURU” AKASH PARK, KUSUGAL ROAD, HUBBALLI-580021. …RESPONDENTS (BY SHRI GANAPATI HEGDE, SR. COUNSEL FOR SHRI A.C. CHAKALABBI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO: I) ISSUE A WRIT IN THE NATURE OF CERITORARI OR ANY OTHER WRIT OR DIRECTION AND SET ASIDE THE ORDER DATED 02.04.2025 PASSED BY THE COURT OF I ADDL. SENIOR CIVIL JUDGE AND ADDL. MACT, HUBBALLI IN O.S. NO.156/2014 PRODUCED AT ANNEXURE-J. II) ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION AND SET ASIDE THE ORDER DATED 22.09.2021 PASSED BY THE COURT OF I ADDL. SENIOR CIVIL JUDGE, HUBBALLI IN O.S. NO.156/2014 PRODUCED AT ANNEXURE-F. - 3 - NC: 2025:KHC-D:7041 WP No. 102856 of 2025 THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER The petitioner has approached this Court seeking issuance of a writ in the nature of certiorari to quash the orders dated 02.04.2025 and 22.09.2021, passed in O.S.No.156/2014 on the file of the learned I Additional Senior Civil Judge and Additional MACT, Hubbali, produced as per Annexures ‘J’ and ‘F’, respectively. 2. Heard Sri.Prashant S. Hosmani, learned counsel for the petitioner and Sri.Ganapati Hegde, learned Senior counsel appearing for Sri. A. C. Chakalabbi, learned counsel for the respondents. Perused the materials on record. 3. The only grievance raised by the learned counsel for the petitioner is that, the petitioner, as plaintiff, had filed a suit in O.S.No.156/2014, seeking specific performance of the contract on the basis of - 4 - NC: 2025:KHC-D:7041 WP No. 102856 of 2025 agreements for sale. At the time of filing the suit, he had requested the Trial Court to keep the agreements for sale in safe custody and accordingly the documents were kept in safe custody. Vide the impugned order dated 27.11.2021, the Trial Court impounded the documents and directed the petitioner to pay the deficit stamp duty. Later, it was revealed that the documents that were kept in the safe custody of the Court were found missing. An enquiry was held with regard to the same. Since the original documents kept in the safe custody could not be found, the Trial Court passed an order for reconstruction of the documents. The said order was confirmed by this Court, when the same was challenged by the defendants by filing writ petition. Admittedly, the order passed by the Trial Court for reconstruction of the disputed documents has reached finality. 4. Now it is the contention of the petitioner that, impounding the documents vide order dated 27.11.2021 was when the documents in question were not before the - 5 - NC: 2025:KHC-D:7041 WP No. 102856 of 2025 Trial Court, as they were found missing from the safe custody. Therefore, the petitioner prays for issuance of a direction to the Trial Court to impound the documents now reconstructed, in accordance with law. 5. I find considerable force in the contention taken by the learned counsel for the petitioner in that regard. The materials on record disclose that, when the impugned order dated 27.11.2021, produced as per Annexure-F, was passed, the documents kept in the safe custody of the Court were lost. When there is an order to reconstruct the documents, the Trial Court is required to impound the same in accordance with law, afresh. No prejudice would be caused to the respondents/defendants, if such an order is passed. Therefore, I am of the opinion that the petition is liable to be allowed. 6. Accordingly, I proceed to pass the following: ORDER i. Writ Petition is allowed. - 6 - NC: 2025:KHC-D:7041 WP No. 102856 of 2025 ii. The impugned orders dated 02.04.2025 and 22.09.2021, passed by the Court of I Addl. Senior Civil Judge and Addl. MACT, Hubballi, in O.S.No.156/2014, produced as per Annexures ‘J; and ‘F’, respectively, are set aside. iii. The Trial Court is directed to impound the two agreements to sale, dated 03.08.2010 and 01.05.2012, afresh, in accordance with law. Sd/- (M.G.UMA) JUDGE gab CT:ANB List No.: 3 Sl No.: 16