- 1 - NC: 2025:KHC-D:1262 WP No. 100056 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100056 OF 2025 (GM-CPC) BETWEEN: BALKRISHNA S/O. APPAJI SABNIS AGE. 73 YEARS, OCC. BUSINESS, R/O. SAI, NO.1622, SARVODAY MARG, HINDWADI, BELAGAVI-590011. …PETITIONER (BY SRI. RAVIRAJ C. PATIL AND SRI SRIPRASAD J. JOSHI, ADVOCATES) AND: 1. SARITA W/O. SACHIN SABNIS AGE. YEARS, OCC. HOUSEWIFE, R/O. SAI, NO.1622, SARVODAY MARG, HINDWADI, BELAGAVI-590011. 2. SHRIKANT S/O. TATOBA PATIL AGE. 50 YEARS, OCC. BUSINESS AND AGRICULTURE, R/O. DHAMANE (S) VILLAGE, TQ. AND DIST. BELAGAVI-590005. …RESPONDENTS (NOTICE TO RESPONDENTS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO, THIS HON’BLE COURT MAY BE PLEASED TO ISSUE A WRIT OF CERTIORARI AND SET ASIDE THE ORDER DATED 13/11/2024 PASSED BY I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, BELAGAVI IN O.S.NO.57/2019 AND GRANT PERMISSION TO THE PETITIONER ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.01.27 16:33:47 +0530 - 2 - NC: 2025:KHC-D:1262 WP No. 100056 of 2025 AND RESPONDENT NO.1 TO PRODUCE THE DOCUMENTS UNDER THE APPLICATION BEFORE THE TRIAL COURT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Notice to the respondents is dispensed with in view of the proposed order to be passed. 2. Petitioner is before this Court seeking for the following reliefs: (a) Issue a writ of certiorari and set aside the order dated 13/11/2024 passed by I Additional Senior Civil Judge and CJM, Belagavi in O.S.No.57/2019. (b) Grant permission to the petitioner and respondent no.1 to produce the documents under the application before the trial court. (c) Pass any other order that this Ho’ble Court deems fit in the interest of justice and equity. 3. A suit in OS.No.57/2019 had been filed by respondent No.2 seeking for specific performance of an Agreement of Sale dated 19.02.2016. In the said suit, after the plaintiff led evidence, when the matter - 3 - NC: 2025:KHC-D:1262 WP No. 100056 of 2025 was posted for defendants’ evidence, the petitioner who is defendant No.1 therein filed an application under Order VIII Rule 1(A) read with section 151 of CPC to produce 3 documents. The said application being opposed came to be rejected vide impugned order dated 13.11.2024. It is challenging the said order, the petitioner is before this court. 4. The submission of learned counsel for the petitioner is that those documents are required to establish the relationship between the petitioner/defendant No.1 and the plaintiff/respondent No.2 and if those documents are not permitted to be produced, injustice would be caused to the petitioner. 5. The trial Court vide impugned order has dismissed the application on the ground that there is no pleadings as regards to said documents and without there being pleading, documents cannot be looked into and no purpose would be served by permitting the petitioner to produce the said documents. I am in - 4 - NC: 2025:KHC-D:1262 WP No. 100056 of 2025 agreement with the order passed by the trial Court, in as much as without pleadings no evidence can be looked into and no evidence led and any evidence lead without pleadings cannot be considered by the Court. In that view of the matter, having perused the written statement, there being no pleadings in respect of the documents that are sought to be produced, the trial Court has rightly rejected the application. No grounds being made out, petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK List No.: 1 Sl No.: 11