- 1 - HC-KAR NC: 2026:KHC:12867 WP No. 18424 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 18424 OF 2023 (GM-CPC) BETWEEN: SRI. K DURGA PRASA RAO AGED ABOUT 61 YEARS S/O VENKATESHWARA RAO R/AT NO 101, K K HEIGHTS MASAB TANK, HYDERABAD-500028 REP. BY HIS POWER OF ATTORNEY HOLDER SRI P NAGARAJU AGED ABOUT 75 YEARS S/O P DHARMARAJU R/AT NO 105, 6TH MAIN 42ND CROSS, 5TH BLOCK JAYANGARA, BANGALORE-560011. …PETITIONER (BY SRI. SATISH N., ADVOCATE) AND: 1. GOVERNMENT OF KARNATAKA IRRIGATION DEPARTMENT VIDHANA SOUDHA BANGALORE 560001 REP. BY ITS SECRETARY. 2. CAUVERY NIRAVARI NIGAMA LTD 3RD AND 4TH FLOOR, ANAND RAO CIRCLE CRAIG PARK ROAD BANGALORE - 560001 REP. BY ITS MANAGING DIRECTOR 3. THE CHIEF ENGINEER HEMAVATHI CANAL DIVISION Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12867 WP No. 18424 of 2023 CAUVERY NIRAVARI NIGAMA LTD, TUMKUR-572218. 4. THE EXECUTIVE ENGINEER HEMAVATHI CANAL DIVISION CAUVERY NIRAVARI NIGAMA LTD TUMKUR-572218. …RESPONDENTS (BY SMT. HEMALATHA V, AGA FOR R1: SRI K S BHEEMAIAH., ADVOCATE FOR R2 & R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF TH CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED: 18.07.2023 PASSED IN COM.O.S.1/2019 BY THE VI ADDITIONAL DISTRICT AND COMMERCIAL COURT, TUMAKURU, REJECTING THE APPLICATION FILED UNDER ORDER XI RULE 1(5) OF CPC ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition is filed under Article 227 of Constitution of India, by the petitioner-plaintiff challenging the impugned order dated 18.07.2023 passed in Com.O.S.No.1/2019 by VI Additional District and Commercial Court Judge, Tumakuru (hereinafter referred to as ‘Trial Court’ for short) on IA filed by the plaintiff under Order XI Rule 1(5) of CPC, whereby, the said IA has been rejected. - 3 - HC-KAR NC: 2026:KHC:12867 WP No. 18424 of 2023 2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. 3. The plaintiff has filed a suit for recovery of a sum of Rs.4,15,10,450/- with interest at 18% per annum. When the matter was set down for the plaintiff’s evidence, an application was filed under Order XI Rule 1(5) of CPC, seeking production of documents by condoning the delay, if any. 4. Learned counsel appearing for the defendants- respondents submitted that no proper reason has been assigned for the delay in filing the application for production of documents. The only reason stated is that, due to the voluminous nature of the documents, they could not be produced along with the plaint. The documents sought to be produced are relate to the contract between the parties and are relied upon to establish the plaintiff’s case that he has completed the work as per the contract. - 4 - HC-KAR NC: 2026:KHC:12867 WP No. 18424 of 2023 5. In view of the above and in the interest of justice, the impugned order is liable to be set aside. Hence, the following order is passed: ORDER a) The writ petition is allowed. b) The impugned order dated 18.07.2023 passed by the Trial Court in Com.O.S.No.1/2019 on IA filed under Order XI Rule 1(5) of CPC, is set aside, subject to the condition that the petitioner shall produce all the documents on the next date of hearing and shall pay costs of Rs.25,000/- to the Bengaluru Professionals Benevolent Fund on or before the next date of hearing. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 21