- 1 - HC-KAR NC: 2025:KHC-D:18307 WP No. 100820 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 100820 OF 2025 (GM-CPC) BETWEEN: SRI. SHIVANAND S/O ADIVEPPA TIRAKAPPANAVAR AGE: 50 YEARS, R/AT: #89, 2ND PHASE, AKSHAYA COLONY VIDYANAGAR, HUBBALLI DHARWAD DISTRICT-580021 …PETITIONER (BY SRI. SHARATH P HANAMARADDI, ADVOCATE) AND: 1. SMT. UMA W/O GURUSIDAPPA TIRAKAPPANAVAR AGE: 43 YEARS, R/AT: GANTIKERI ONI, HUBBALLI, DHARWAD DISTRICT-580020 2. SMT. POORNIMA D/O GURUSIDAPPA TIRAKAPPANAVAR AGE: 25 YEARS, R/AT: GANTIKERI ONI, HUBBALLI, DHARWAD DISTRICT-580020 3. SMT. SUSHEELA W/O BASAVARAJ DANAPPANAVAR AGE. 59 YEARS, R/AT. HULLI ONI, MISHRIKOTI, KALAGHATAGI TALUK DHARWAD DISTRICT-582103 …RESPONDENTS (BY SRI. VINAYAK B. MEGUNDI, ADV. FOR R1 & R2; SRI. S.S. NIRANJAN, ADV. FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI TO SET-ASIDE THE IMPUGNED ORDER DATED 21.01.2025 ON I.A. NO. VI/2025 IN O.S. NO. 348 OF 2022 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, AND JMFC, HUBBALLI AS PER ANNEXURE A. AND CONSEQUENTLY ALLOW THE I.A. NO. VI/2025 AS PER ANNEXURE –F AND ETC., Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.18 15:23:16 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18307 WP No. 100820 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 21.01.2025, wherein the application filed by the defendant to direct the plaintiff to produce the account statement of the plaintiff is rejected. 2. The plaintiff has filed a suit in O.S.No.348/2022 challenging the sale deed in favour of defendant No.2. Defendant No.2 has taken a contention that he has paid the amount to the plaintiff and the plaintiff has transferred that amount to her bank account in Karnataka Vikas Grameena Bank, CBT Branch, Hubballi and Union Bank of India, Lemington Road Branch, Hubbali. The Court has dismissed the said application on the premise that it is for defendant No.2 to establish the said contention. - 3 - HC-KAR NC: 2025:KHC-D:18307 WP No. 100820 of 2025 3. Defendant No.2 to establish his contention that the amount is paid to the plaintiff has moved an application to secure the bank records. The Trial Court could not have rejected the said application. Since, defendant No.2 has taken a contention that he has made the payment and the payment is credited by the plaintiff to her bank account referred to above, is justified in asking the plaintiff to produce the bank statement. 4. Under the circumstances, the writ petition is disposed. The impugned order is set-aside. The plaintiff shall produce the account statement of the plaintiff's bank accounts in the aforementioned two banks on the next posting date before the Trial Court. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN/CT CNB List No.: 1 Sl No.: 90