- 1 - NC: 2025:KHC-K:1702 WP No. 200216 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 200216 OF 2025 (GM-CPC) BETWEEN: MEGHNATH S/O YANKAPPA MULLAGSI, AGED ABOUT 55 YEARS, R/O: KULIWADA LOCALITY OF YADGIRI TALUK AND DISTRICT YADGIRI – 585 201. …PETITIONER (BY SMT JYOTHI S K, ADVOCATE) AND: 1. SMT. SAMADHANAMMA W/O RAJU, AGED ABOUT 65 YEARS, OCC: HOUSE HOLD, R/O: AMBEDKAR NAGAR OF YADGIRI, TQ AND DIST: YADGIRI – 585 201. NOW RESIDING AT TALEGAON, DABADE, PUNE (MAHARASTRA) – 410 506. 2. ANILKUMAR S/O SHANTHAPPA MULLAGSI. AGED ABOUT 37 YEARS,OCC: AGRICULTURE, R/O: KOLIWADA LOCALITY OF YADGIRI, TQ AND DIST YADGIRI-585 201. 3. RENUKA D/O SHANTHAPPA MULLAGSI, Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1702 WP No. 200216 of 2025 AGED ABOUT 35 YEARS,OCC: HOUSEHOLD, R/O: KOLIWADA LOCALITY OF YADGIRI, TQ AND DIST YADGIRI-585 201. 4. ANANDAMMA W/O YASHVANTH MULLAGSI, AGED ABOUT 55 YEARS,OCC: HOUSEHOLD, R/O: KOLIWADA LOCALITY OF YADGIRI, TQ AND DIST YADGIRI-585 201. 5. SUNDER RAJ S/O YASHVANTH MULLAGSI, AGED ABOUT 37 YEARS,OCC: AGRICULTURE, R/O: KOLIWADA LOCALITY OF YADGIRI, TQ AND DIST YADGIRI-585 201. 6. SUDHEER S/O YASHVANTH MULLAGSI, AGED ABOUT 35 YEARS, OCC: AGRICULTURE, 7. SURESH S/O YASHVANTH MULLAGSI AGED ABOUT 30 YEARS,OCC: AGRICULTURE. R/O: KOLIWADA LOCALITY OF YADGIRI, TQ AND DIST YADGIRI-585 201. 8. ANANDAMMA W/O SHASHIKANTH MULLAGSI AGED ABOUT 55 YEARS,OCC: NURSE, R/O: KOLIWADA LOCALITY OF YADGIRI, TQ AND DIST YADGIRI-585 201. 9. MAARGARATE W/O SHASHIKANTH MULLAGSI AGED ABOUT 45 YEARS, OCC: HOUSEHOLD, R/O: KOLIWADA LOCALITY OF YADGIRI, TQ AND DIST YADGIRI-585 201. 10. SANDEEP S/O SHASHIKANTH MULLAGSI - 3 - NC: 2025:KHC-K:1702 WP No. 200216 of 2025 AGED ABOUT 35 YEARS,OCC: GOVERNMENT SERVANT,RECUPATIOADA LOCALITY OF YADGIRI, TQ AND DIST YADGIRI – 585 201. 11. SAGAR S/O SHASHIKANTH MULLAGSI, AGED ABOUT 33 YEARS, OCC: GOVERNMENT SERVANT, R/O: KOLIWADA LOCALITY OF YADGIRI, TQ AND DIST :YADGIRI – 585 201. 12. SANJAY S/O SHAHIKANTH MULLAGSI AGED ABOUT 30 YEARS, OCC: STUDENT, R/O: KOLIWADA LOCALITY OF YADGIRI, TQ AND DIST YADGIRI-585 201. 13. SHREEKANTH S/O SHASHIKANTH MULLAGSI, AGED ABOUT 58 YEARS, OCC: STUDENT,R/O: KOLIWADA LOCALITY OF YADGIRI, TQ AND DIST YADGIRI-585 201. 14. RATNAMMA W/O SUMITRA, AGED ABOUT 55 YEARS, OCC: NURSE,R/O: KOLIWADA LOCALITY OF YADGIRI, TQ AND DIST YADGIRI-585 201. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 20.12.2024 IN O.S. NO.06/2020 ON I.A NO.4 FILED UNDER ORDER 16 RULE 6 OF CPC BY PLAINTIFF FOR ISSUANCE OF SUMMONS TO COMMISSIONER CMC, YADGIRI TO OBTAIN KHATHA, PASSED BY THE SENIOR CIVIL JUDGE AND JMFC YADGIRI AT ANNEXURE-A AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE - 4 - NC: 2025:KHC-K:1702 WP No. 200216 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioner. 2. This petition is filed assailing the order passed by the Trial Court in O.S.No.6/2020 on the file of the Senior Civil Judge, Yadgir. 3. In the suit for partition, plaintiff filed an application under Order XVI Rule 6 of the Code of Civil Procedure to summon the records of the properties from the Office of the City Municipal Council, Yadgir in respect of the Khata numbers referred to in the said application. The said application was opposed by the defendants. The Court allowed the application and summoned the Commissioner, City Municipal Council, Yadgir to submit the records. Aggrieved by the said order, petitioner/defendant No.1 is before this Court. 4. Learned counsel for the petitioner would submit that the records of the properties summoned are not the subject matter of the suit and the documents are irrelevant and the Court should not have summoned the records. It is her further - 5 - NC: 2025:KHC-K:1702 WP No. 200216 of 2025 submission that the properties exclusively belong to 1st defendant and 1st defendant being the absolute owner of the properties, plaintiff cannot maintain the suit for partition in respect of the said properties. 5. This Court has considered the said contentions raised at the bar. 6. It is indeed true that the records of the properties which are sought to be summoned are not the subject matter of the suit. However, by going through the application filed by the plaintiff, it appears that despite the plaintiff making necessary application to the Commissioner, City Municipal Council as well as an application under RTI, the Commissioner of City Municipal Council, Yadgir has not issued the records pertaining to the aforementioned properties mentioned in the said application filed under Order XVI Rule 6 of the Code of Civil Procedure. Under the circumstances, the plaintiff is constrained to file an application to summon the Commissioner of City Municipal Council, Yadgir. - 6 - NC: 2025:KHC-K:1702 WP No. 200216 of 2025 7. The contention that the properties are the self- acquired property of 1st defendant is to be adjudicated in case the plaintiff incorporates the said properties in the suit schedule by making an application for amendment of the plaint. Merely because 1st defendant contends that the properties are his self- acquired properties and merely because 1st defendant contends that partition has already taken place and plaintiff’s share is already given, it cannot be said that the documents cannot be summoned. Ideally, the plaintiff should have moved an application for amendment of the plaint if the plaintiff is to contend that the said properties are the joint family properties. However, the lapse on the part of the plaintiff will not come in the way of this Court declining the indulgence in exercise of jurisdiction under Article 226 of the Constitution of India as the petitioner is not really aggrieved in terms of the said order which is impugned in the present petition where rights and liabilities of the parties are not adjudicated. 8. Hence, the following: - 7 - NC: 2025:KHC-K:1702 WP No. 200216 of 2025 ORDER. (i) Writ petition is dismissed. (ii) This Court is also required to observe that since petitioner/1st defendant claims to be the owner of the properties, petitioner/1st defendant shall also produce the copies of the records of the said properties before the Trial Court by next date of hearing. (iii) It is further made clear that this Court has not expressed anything on the merits of the claim of either of the parties in respect of the records of the properties which are sought to be summoned. (iv) All contentions are left open. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN List No.: 2 Sl No.: 32