- 1 - HC-KAR NC: 2026:KHC:7552 WP No. 11029 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 11029 OF 2025 (GM-CPC) BETWEEN: MANDYA URBAN DEVELOPMENT AUTHORITY, BANNUR ROAD, MANDYA 571 401 REPRESENTED BY ITS COMMISSIONER …PETITIONER (BY SRI. VIVEKANANDA T P., ADVOCATE) AND: 1. K ANANDA @ KABBALLI ANANDA KABBALLI ANANDA, AGED ABOUT 50 YEARS, S/O.K.B.KEMPEGOWDA, R/AT NO.740, 8TH CROSS, CHAMUNDESHWARI NAGAR, MANDYA CITY - 571401 2. H.S.NAGALINGASWAMY, AGED ABOUT 42 YEARS, S/O.SHIVANNA, R/O.D.HALASAHALLI VILLAGE, MALAVALLI TALUK, MANDYA DISTRICT-571430 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7552 WP No. 11029 of 2025 3. SRI.CHANDRASHEKAR, AGED 60 YEARS, S/O.PUTTARAJAIAH, R/AT NEAR CHOWDESWARI TEMPLE, HEMMANAHALLI VILLAGE, MADDUR TALUK, MANDYA DISTRICT-571428 4. SRI.H.K.NAGARAJA, AGED 67 YEARS, S/O.MANCHAIAH @ KARIGOWDA, NO.80/B, VINAYAKA LAYOUT, OPPOSITE CAUVERY KALYANA MANTAPA, KARASAVADI ROAD, MANDYA 571401 5. SRI.K.B.HARSHAN AGED 36 YEARS, S/O.BYREGOWDA, R/O.G.KEBBAHALLI, KERAGODU HOBLI, MANDYA TALUK DISTRICT -571401 6. INDIAN BANK, MANDYA BRANCH, NO.71/1120, M.C. ROAD, MANDYA CITY - 571 401 REPRESENTED BY ITS MANAGER 7. SRI. RAMASWAMY, AGED 72 YEARS, S/O.S.RANGASWAMY, RTD BRANCH MANAGER, INDIAN BANK, MANDYA BRANCH, MANDYA, R/AT NO.1398, 4TH CROSS, KRISHNAMURTHYPURAM, - 3 - HC-KAR NC: 2026:KHC:7552 WP No. 11029 of 2025 MYSORE CITY - 571401 8. SRI.N.KUMARANAYAK, AGED 67 YEARS, S/O.N.BANU NAYAK, NO.36-37P, DURGA NILAYA, B.D.S. LAYOUT, 1ST CROSS, HEGGADE NAGARA, DR.SHIVARAMA KARANTH NAGAR POST, BANGALORE-560 077 …RESPONDENTS (BY SRI. S.V.DESAI., ADVOCATE FOR R1; SRI. L.RAJA, ADVOCATE FOR R6 AND R7; R2 TO R5, LRS ARE SERVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 14/09/2020 ON IA NO. 12 AND ORDER DATED 10/04/2023 ON IA NO. 14 IN OS NO. 138/2017 PASSED BY THE LEARNED II ADDL. SENIOR CIVIL JUDGE AND JMFC, MANDYA AT ANNX-D AND H., AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the plaintiff in OS.No.138/2017 on the file of the II Additional Senior Civil Judge and JMFC, Mandya is directed against the impugned order dated - 4 - HC-KAR NC: 2026:KHC:7552 WP No. 11029 of 2025 10.04.2023, whereby the application IA.No.14 filed by the petitioner under Order XIII Rule 10 of CPC seeking summoning of original documents produced in Special Case No.340/2015 on the file of the 46th Additional City Civil and Sessions Judge and Special Judge (C.B.I) Court, Bangalore was rejected by the trial Court. 2. Heard the learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner/plaintiff instituted the aforesaid suit against the respondents/defendants for recovery of a sum of Rs.9,29,99,000/- together with interest and for other reliefs. During the pendency of the said suit, the petitioner/plaintiff filed the instant application seeking summoning of original documents produced in Special Case No.340/2015 on the file of the 46th Additional City Civil and Sessions Judge and Special Judge (C.B.I) Court, - 5 - HC-KAR NC: 2026:KHC:7552 WP No. 11029 of 2025 Bangalore. Though the said application was not opposed by respondents/defendants, the trial Court proceeded to pass the impugned order rejecting the application, aggrieved by which the petitioner is before this Court by way of the present petition. 4. Learned counsel for the parties submit that the entire records in Special Case No.340/15 are currently placed before this Court in Criminal Appeal Nos.1667/2022, 1647/2022, 1732/2022 and 1658/2022 and as such the present petition may be disposed of by setting aside the impugned order and disposing of IA.No.14 by permitting the petitioner to produce certified copies of the documents in Special Case No.340/2015 in support of his claim before the trial Court. 5. In view of the joint submission made by both sides, I deem it just and appropriate to dispose of this petition by setting aside the impugned order and by issuing certain directions. - 6 - HC-KAR NC: 2026:KHC:7552 WP No. 11029 of 2025 6. In result, I proceed to pass the following: ORDER i. Writ petition is hereby disposed of. ii. Impugned order dated 10.04.2023 in OS.No.138/2017 on the file of the II Additional Senior Civil Judge and JMFC, Mandya is hereby set aside. iii. IA No.14 filed by the petitioner/plaintiff is disposed of by permitting the petitioner/plaintiff to obtain certified copies of the records in special case.340/2015 which are now placed before this Court in Crl.A.Nos.1667/2022, 1647/2022, 1732/2022 and 1658/2022. iv. The Registry of this Court is directed to provide/grant certified copy of the records in Special Case No.340/2015 which are currently placed before this Court in Crl.A.Nos.1667/2022, 1647/2022, 1732/2022 and 1658/2022 safter following the prescribed procedure. - 7 - HC-KAR NC: 2026:KHC:7552 WP No. 11029 of 2025 v. Upon obtaining certified copies of the records in Special Case No.340/2015, the petitioner is permitted to produce the said certified copies along with the necessary application before the trial Court which shall permit such production and proceed further in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE RJ List No.: 1 Sl No.: 27