- 1 - NC: 2025:KHC-K:1440 WP No. 200610 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 200610 OF 2025 (GM-CPC) BETWEEN: 1. RATNAMMA W/O LATE MAREPPA, AGE:76 YEARS, OCC : AGRICULTURE, R/O: ASTAGI, TQ: DIST: KALABURAGI. 2. DEVINDRA S/O LATE MAREPPA AGE:61 YEARS, OCC : AGRICULTURE, R/O: ASTAGI, TQ: DIST: KALABURAGI. 3. MAPAMMA D/O MAREPPA W/O SRIMANTH BELCHUR AGE: 58 YEARS, OCC: COOLIE, R/O: MUNNAHALLI VILLAGE, TQ: ALAND, DIST: KALABURAGI. …PETITIONERS (BY SRI. DATTAATREYA KAMLAPUR, ADVOCATE) AND: ASHOK S/O LATE MAREPPA @ MARIYAPPA KAMBLE Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1440 WP No. 200610 of 2025 AGE: 55 YEARS, OCC: AGRICULTURE, R/O: VILLAGE ASTAGI, TQ : DIST: KALABURAGI. PRESENTLY AT H.NO .18/D/201, AUTOPRIMER COMPOUND LBS ROAD, OPP: KOHINOOR HOSPITAL KURLA WEST, VTC: MUMBAI. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI THEREBY QUASHING THE IMPUGNED ORDER DATED 06.02.2025 PASSED BY I ADDITIONAL SENIOR CIVIL JUDGE, KALABURAGI IN O.A.NO.66/2023 AS PER ANNEXURE-G AND ALLOW THE I.A. NO.V, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioner. 2. The defendant before the Trial Court is the petitioner before this Court. 3. In a suit for partition, the defendant filed an application to summon the Secretary of the Star Premier Cooperative Society to produce the documents relating to the flat, which is located in Mumbai. The Trial Court, dismissed the - 3 - NC: 2025:KHC-K:1440 WP No. 200610 of 2025 application on the premise that the defendant did not apply for the certified copy of the public document i.e., Registered Sale Deed, which is registered in the office of the Sub-Registrar. 4. Learned counsel for the petitioners would submit that the defendant is not in a position to go to Mumbai to secure the records, as such, he has filed an application to summon the Secretary of the society to produce the documents relating to flat No.201 situated at Mumbai, which according to the defendant, is also the joint family property. 5. This Court does not find any reason to interfere with the impugned order and the Trial Court has rightly held that unless the certified copies refused by the officer, the person cannot be summoned to produce the documents. 6. Under these circumstances, writ petition is dismissed. However, it is open for the petitioner to file an application before the Trial Court or to issue notice to the plaintiff to produce the document as prescribed in Code of Civil Procedure in case the document is in the name of the plaintiff. - 4 - NC: 2025:KHC-K:1440 WP No. 200610 of 2025 7. If suit application is filed or notice is issued, the Court shall pass orders on merits after hearing the objections of the plaintiff. Sd/- (ANANT RAMANATH HEGDE) JUDGE THM List No.: 2 Sl No.: 1