- 1 - HC-KAR NC: 2025:KHC:37093 WP No. 67 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 67 OF 2025 (GM-CPC) BETWEEN: SMT. USHA RAVI W/O. L.M.RAVINDRA KUMAR, AGED ABOUT 59 YEARS, RESIDING AT NO.712, 6TH 'A' MAIN ROAD, SRINAGAR, BSK 1ST STAGE, BANGALORE-560 050. …PETITIONER (BY SMT. SUKANYA H.D., ADVOCATE) AND: K. S. VENKATESH BABU S/O. LATE K.G.S. SATHYANARAYANAIAH, AGED ABOUT 65 YEARS, RESIDING AT NO.86 AND 87, 2ND BLOCK, 3RD CROSS, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37093 WP No. 67 of 2025 VISHWAPRIYANAGAR, BEGUR MAIN ROAD, BANGALORE-68. …RESPONDENT (BY SRI. PHANEENDRA B.N., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 11/11/2024 PASSED BY THE XXVII ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-9) ON IA.NO.7 FILED UNDER ORDER XI RULE 14 CPC IN OS.NO.4876/2020 BY CALLING UPON THE PLAINTIFF IN THE SUIT TO PRODUCE THE ORIGINAL REGISTERED GIFT DEED EXECUTED BY LATE SRI. K.G.S. SATHYANARAYANAIAH IN FAVOUR OF THE RESPONDENT HEREIN DATED 26/03/2002 AT ANNEXURE-A BY ALLOWING THIS WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA - 3 - HC-KAR NC: 2025:KHC:37093 WP No. 67 of 2025 ORAL ORDER The petitioner is before this court, seeking the following prayer: Wherefore, the Petitioner prays for: i) Call for records from the file of the Hon'ble XXVII Additional City Civil and Sessions Judge, Bangalore (CCH No.9) in O.S.No.4876/2020. ii) Issue writ of certiorari quashing order dated 11-11- 2024 passed by the XXVII Additional City Civil and Sessions Judge, Bangalore (CCH-9) on IA No.7 filed under Order XI Rule 14 CPC in O.S.No.4876/2020 by calling upon the Plaintiff in the suit to produce the original Registered Gift Deed executed by late Sri.K.G.S.Sathyanarayanaiah in favour of the Respondent herein dated 26-3-2002 at Annexure-'A', by allowing this Writ Petition, in the ends of justice. iii) Issue any other writ, order or directions as this Hon'ble Court deem fit to grant in the circumstances of the case, the ends of justice and equity." 2. The petitioner is the defendant and the respondent is the plaintiff. They are brother and sister. The father of the parties to the lis is said to have executed a Will on 26.08.1998, and during his lifetime executes a Registered Gift Deed on 26.03.2002 and dies a year later. The respondent/plaintiff institutes a suit in OS.No.4876/2020 seeking declaration that he is the absolute owner of the property on the strength of the - 4 - HC-KAR NC: 2025:KHC:37093 WP No. 67 of 2025 Will that he possesses. The issue is not with regard to the merit of the matter. The petitioner/defendant filed an application under Order 11 Rule 14 of the CPC seeking production of the original documents. Original documents in the case at hand, that was sought for production of Gift Deed-Ex.P4. 3. The learned counsel appearing for the respondent submits that the Gift Deed has been placed as a document on which the mortgage is, on which a loan was granted by the Bank. Therefore, the Gift Deed is in the custody of the Bank and was placed a certified copy of the Gift Deed before the concerned Court. 4. The issue now is whether the rejection of the application that is filed by the petitioner is tenable or otherwise. The order of the concerned Court is as follows: "6. POINT No.1: The plaintiff has instituted the present suit, seeking a declaration regarding the suit schedule property on the basis of a Gift Deed allegedly executed by his late father on 26.03.2002, registered as Document No. 5764/2002-03, Book No.I, Pages 142, 147, in the office of the Sub-Registrar, Basavanagdui, Bengaluru. The plaintiff claims that, in 2003, he borrowed a loan from the Karnataka State Financial Corporation by pledging the suit schedule property, and again in 2014, he secured a loan from Bharath Co-operative Bank, Jayanagar, Bengaluru, depositing the original Gift Deed with the bank as collateral. - 5 - HC-KAR NC: 2025:KHC:37093 WP No. 67 of 2025 7. In the written statement, the defendant alleges that the plaintiff, through fraudulent misrepresentation, obtained the father's signature on the purported Gift Deed, thereby casting doubt on the legitimacy of the transfer. While the defendant has raised allegations of fraud, they have not disputed the act of execution itself. Given the lack of contention over the actual execution of the Gift Deed, coupled with the plaintiff's assertion that the original document is in the possession of Bharath Co- operative Bank, it is permissible for the plaintiff to adduce secondary evidence of the Gift Deed. 8. Based on the pleadings and the absence of a dispute over the execution of Gift deed, I find that there is no compelling ground to direct the plaintiff to produce the original Gift Deed, as it is an undisputed registered document. Accordingly, the point for consideration is answered in the negative. 9. POINT No.2: For the aforesaid reasons and discussion I proceed to pass the following: ORDER The application (I.A.No.7) filed by the defendant under Order XI Rule 14 read with Section 151 of Code of Civil Procedure is rejected. No order as to cost." 5. The concerned Court notices the fact that the Gift Deed is with the Bank as a collateral security towards a loan that was sought by the respondent/plaintiff. The respondent/plaintiff has filed statement of objections and the Bank has issued a communication, which reads as follows: - 6 - HC-KAR NC: 2025:KHC:37093 WP No. 67 of 2025 "Date: 01.02.2015 To: The Manager, The Bharat Co-Operative Bank Ltd., No.30, 15% Cross, Jayanagar, 3rd Block. Bangalore-560011 Sir, In pursuance of my loan application dated 06.01.2015, The Bharat Co-operative Bank Ltd., was pleased to sanction me a loan of Rs.50,00,000/- (Rupees Fifty Lakhs only) on an interest at 15% per cent per annum with further interest at 2% percent in case of default on any of the instalment. With an intention to create equitable mortgage by deposit of title deeds on my property bearing Municipal New No.12, Old No.712, PID No.53-6-12, 6th Main Road, BBMP Ward No.53, Srinagar, BSK 1st Stage, Bangalore- 560050, 1 have deposited with today in the city of Bangalore the following title deeds relating to my aforesaid property. The property is not subject to any encumbrance. I also undertake to execute a memorandum of deposit of title deeds. DETAILS OF DOCUMENTS 1) Registered Gift Deed dated 30.03.2002 executed K.G.S.Satyanarayanaiah in favour of K.S.Venkatesh Babu. 2) Registered Sale Deed dated 23.05.1998 vide document No.461/1998-99. 3) Reallotment/Re-Grant Possession Certificate dated 17.06.1998 issued by the Asst. Commissioner, BDA, Bangalore. 4) Katha Certificate and Katha Extract dated 20.12.2014. 5) Tax paid receipt for 2014-15 dated 26.05.2014. 6) Xerox copy of Deed of Reconveyance/Release dated 11.06.2014. 7) Encumbrance Certificate from 20.05.1998 to 08.10.2014 and 01.04.2004 to 14.11.2014." 6. The first of the documents that the Bank has in its possession of custody is Registered Gift Deed dated 30.03.2002 against which, the loan is granted inter-alia therefore, the - 7 - HC-KAR NC: 2025:KHC:37093 WP No. 67 of 2025 certified copy being placed before the Court would suffice for the present, as production of a certified copy of the Gift Deed will not in any way prejudice the cause of the petitioner. 7. With the aforesaid observation, without interfering with the order passed by the concerned Court, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE PHM List No.: 1 Sl No.: 9