- 1 - NC: 2025:KHC-D:2629 WP No. 102837 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 102837 OF 2022 (GM-CPC) BETWEEN: 1. KALIDAS EDUCATION SOCIETY BADAMI, R/BY ITS SECRETARY, BHIMSEN BALAPPA CHIMMANAKATTI, AGE: 35 YEARS, OCC: AGRICULTURE, TQ: BADAMI, DIST: BAGALKOT. 2. THE PRESIDENT, KALIDAS EDUCATION SOCIETY BADAMI, B.B. CHIMMANAKATTI, AGE: 72 YEARS, TQ: BADAMI, DIST: BAGALKOT. …PETITIONERS (BY SRI. NANDISH PATIL, ADVOCATE) AND: GOVINDRAJ S/O. RUDRAPPA HOSUR, AGE: 30 YEARS, OCC: AGRICULTURE, R/O. KATARKI, TQ: BADAMI, DIST: BAGALKOT. …RESPONDENT (BY SRI. NAGARAJ C. KOLLORI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER VIDE ANNEXURE-F DATED 2.7.2022 REJECTING ON I.A.NO.6 IN O.S.NO.91/2012 PENDING BEFORE THE COURT OF THE PRINCIPAL CIVIL JUDGE AND JMFC, BADAMI. FURTHER THE I.A.NO.6 FILED BY THE DEFENDANTS MAY KINDLY BE ALLOWED, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.14 15:25:54 +0530 - 2 - NC: 2025:KHC-D:2629 WP No. 102837 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Petitioners are before this Court seeking for the following reliefs: a) Issue writ in nature of Certiorari quashing the impugned order vide Annexure-F dated 2.7.2022 rejecting on I.A.No.6 in O.S.No.91/2012 pending before the court of the Principal Civil Judge and JMFC, Badami. further the I.A.No.6 filed by the defendants may kindly be allowed, in the interest of justice and equity. b) Issue such other suitable order/s or directions as this Hon’ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity. 2. Respondent had filed a suit in OS.No.91/2012 seeking for possession of suit schedule property as also for arrears of rent and mesne profits. In the said suit, defendants had filed written statement along with a counterclaim contending that plaintiff has agreed to sell the property in favour of the defendants, in furtherance of which, several amounts have been paid. Defendants also filed an application under Order XVI Rule 6 of the CPC for issuance of witness summons to the Bank of the petitioner- - 3 - NC: 2025:KHC-D:2629 WP No. 102837 of 2022 defendants to produce the cheques issued by the petitioner-defendants to the respondent-plaintiff. The said application having been opposed came to be dismissed. Challenging the said order, petitioners are before this Court. 3. The contention of Sri Nandish Patil, learned counsel for petitioners is that there being a dispute raised by the respondent as regards the receipt of the monies. It is required for the cheques to be summoned to enable the petitioners to mark the said cheques to substantiate the claim of specific performance raised by the petitioners and negate the contention of the respondent. 4. Having heard learned counsel for the petitioners and perused the papers. 5. I am of the considered opinion firstly that the claim of specific performance would have to be established by the petitioners on their own in terms of the applicable laws. If the petitioners have made payment of any money from their bank account, it is - 4 - NC: 2025:KHC-D:2629 WP No. 102837 of 2022 for the petitioners to produce the statement of the said bank account to establish such payment. Mere production of the cheques allegedly issued by the petitioners on the bank account of the petitioners available with the bankers of the petitioners, will not enure to the benefit of the petitioners unless the said amount has been credited into the account of the respondent, which can be established by the petitioners producing the bank statement/bank passbook to evidence such payment. 6. No grounds having been made out in this petition. Reserving above said liberty, petition stands disposed off. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK CT-MCK List No.: 1 Sl No.: 72