- 1 - HC-KAR NC: 2026:KHC:34668 WP No. 7735 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 7735 OF 2021 (GM-CPC) BETWEEN: 1. INDRANI W/O SATHYANARAYANACHAR AGE ABOUT 51 YEARS SATHYA ENTERPRISES D C OFFICE COMPOUND TUMAKURU CITY - 572101 …PETITIONER (BY SRI. S V PRAKASH.,ADVOCATE) AND: 1. THE COMMISSIONER CITY MUNICIPAL COUNCIL, TUMKUR NOW TUMAKURU CITY MUNICIPALCORPORATION TUMAKURU - 572101 …RESPONDENT (BY Smt.SAKSHI M KRISHNA, ADVOCATE FOR SRI SUBRAMANYA R., ADVOCATE) THIS W.P. FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD.20.2.2021 PASSED BY THE COURT OF LEARNED III ADDITIONAL CIVIL JUDGE AND JMFC TUMKAURU IN O.S.NO.995/2008 DECLINING TO GRANT LEAVE TO PRODUCE THE DOCUMENTS ON THE APPLICATION MADE BY THE PETITIONERS UNDER ORDER VII RULE 14 READ WITH SECTION 151 OF CODE OF CIVIL PROCEDURE 1908 PRODUCED AS PER ANENXURE-H AND ALSO THE ORDER DTD.20.3.2021 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:34668 WP No. 7735 of 2021 PASSED BY THE COURT OF LEARNED III ADDITIONAL CIVIL JUDGE AND JMFC TUMAKURU IN O.S.NO.995/2008 REJECTING THE APPLICATION MADE BY THE PETITIONER UNDER ORDER VII RULE 14(3) READ WITH 151 OF CODE OF CIVIL PROCEDURE 1908 PRODUCED AS PER ANNEXURE-L TO THE W.P. AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN `B' HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This petition is filed seeking following reliefs: "a) ISSUE a writ or order in the nature of certiorari and quash the order dated 20.02.2021 passed by the court of learned III Additional Civil Judge and JMFC, Tumakuru in O.S. No.995/2008 declining to grant leave to produce the documents on the application made by the petitioner under Order VII Rule 14 read with Section 151 of Code of Civil Procedure, 1908 produced as per Annexure-H and also the order dated 20.03.2021 passed by the court of learned III Additional Civil Judge and JMFC, Tumakuru in O.S. No.995/2008 rejecting the application made by the petitioner under Order VII Rule 14(3) read with 151 of Code of Civil Procedure, 1908 produced as per Annexure-L to the writ petition; b) Issue an appropriate writ or order or direction allowing the application dated 15.02.2021 produced as per Annexure-F and application dated 04.03.2021 produced as per Annexure-J to the writ petition made by the petitioner in O.S. No.995/2008 pending on the file of iearned III Additional Civil Judge and JMFC, Tumakuru; - 3 - HC-KAR NC: 2026:KHC:34668 WP No. 7735 of 2021 a) Issue any other appropriate writ or order or direction as this Hon'ble Court deems it appropriate in the admitted facts and circumstances of the case in the interest of justice; b) Pass such other suitable orders as this Hon'ble court finds it appropriate in the attendant circumstances and facts of the case; c) Award the cost of this proceeding" 2. Sri S.V. Prakash, learned counsel appearing for the petitioner submits that the petitioner had filed a suit for injunction against the respondent-Corporation. The said suit was opposed by filing a written statement. Later, the plaint was amended by inserting para 3(a) to the plaint, indicating that the plaintiff had filed earlier suit in O.S.No. 919/2010, which was decreed against the defendant and at the time of evidence, the plaintiff filed an application for production of the document, which was rejected by the trial Court, on the ground that no proper reasons are assigned. Hence, another application was filed with detailed reasons, and the said application also was rejected on the ground that there is an earlier order of rejection and the suit is of the year 2008. Hence, both the - 4 - HC-KAR NC: 2026:KHC:34668 WP No. 7735 of 2021 orders are challenged in this writ petition and the petitioner is a lessee under the respondent running bunk shop measuring 16 ft x 16ft owned by the respondent- Corporation and due to her illiteracy she could not brief properly to her counsel which resulted in rejection of these applications. It is submitted that the plaintiff will not drag the proceedings and one opportunity may be provided to produce the document by allowing this writ petition. Lastly, he submits that this court while issuing notice has ordered to deposit Rs.5,000/- which is deposited before this Court. Hence, he seeks to allow the petition. 3. Per contra, Smt.Sakshi M. Krishna, learned counsel appearing on behalf of Sri Subramanya R., learned counsel for the respondent-Corporation supports the orders of the trial Court and submits that the petitioner is squatting over the property of the respondent-Corporation and not allowing the respondent- Corporation to take possession. The alleged lease has ended decades ago and suit is of the year 2008 and filing - 5 - HC-KAR NC: 2026:KHC:34668 WP No. 7735 of 2021 this kind of applications is nothing but dragging the further proceedings, as the plaintiff is enjoying the order of temporary injunction in the suit. Hence she seeks to dismiss the petition. 4. I have heard the arguments on both sides and Perused the material placed on record. 5. The petitioner had filed O.S.No.995/2018 seeking relief of permanent injunction against the defendant, officials etc., claiming under them. The suit schedule property is a Bunk shop situated at DC office compound in front of Block Development Office godown of TAMPCS, measuring 16ft X 16ft. It is averred that, the respondent had given the said premise on lease and she is in lawful position and without any authority the defendants are interfering with her possession. 6. The defendant entered appearance, denied the plaint averments and at para-5 specifically contented that, the lease of the plaintiff has ended in 2001. It is to be - 6 - HC-KAR NC: 2026:KHC:34668 WP No. 7735 of 2021 noticed that the plaintiff sought the amendment of the plaint which was allowed and thereafter when the plaintiff intended to adduce evidence, at that time, the plaintiff filed an application for Order VII Rule 14 CPC, seeking to produce certain documents which came to be rejected by the trial Court solely on the ground that the application is bereft of reasons. Thereafter, the plaintiff had filed another application assigning detailed reasons, the trial Court in the second order rejected the application on the ground that there was earlier application which was rejected by the Trial Court and that the suit is of the year 2008. It is required to be noticed that the plaintiff intended to produce certain documents to substantiate her possession over the suit schedule property. Hence, I am of the considered view that, one opportunity needs to be provided to the plaintiff, and the plaintiff cannot be ousted on the ground that, detailed reasons are not assigned in the affidavit accompanying the application for production of documents. - 7 - HC-KAR NC: 2026:KHC:34668 WP No. 7735 of 2021 7. The second affidavit filed by the plaintiff indicates the reasons for non-production of the documents. Considering the said aspect, I am of the view that the application is required to be allowed. This Court has also taken note of the fact that the plaintiff has deposited Rs.5,000/- as ordered by this Court while issuing the notice. Considering the said aspect and also keeping in mind the fact that suit is of the year 2008 and not to proceed further in view of the pendency of this writ petition. Hence, I proceed to pass the following: ORDER. i) The writ petition is allowed. ii) Impugned orders dated 20.02.2021 and 15.02.2021 passed in O.S.No.995/2008 by the III Additional Civil Judge and JMFC, Tumkur is set aside. Consequently, application of the petitioner filed for the production of documents are allowed. Plaintiff shall - 8 - HC-KAR NC: 2026:KHC:34668 WP No. 7735 of 2021 produce the said documents during the course of evidence. iii) The amount in deposit is permitted to be withdrawn by the respondent-Corporation. iv) The trial Court shall consider expedient disposal of the suit. Sd/- (VIJAYKUMAR A. PATIL) JUDGE HR List No.: 1 Sl No.: 26