- 1 - HC-KAR NC: 2026:KHC:34786 WP No. 29138 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 29138 OF 2023 (GM-CPC) BETWEEN: M.H. SANAULLA SON OF LATE HANEEF SAB AGED ABOUT 72 YEARS OCC: AGRICULTURE AND BUSINESS RESIDENT OF NALLUR CAMP - VILLAGE CHANNAGIRI -TALUK DAVANAGERE DISTRICT - 577 221. …PETITIONER (BY SRI. M.R. HIREMATHAD, ADVOCATE) AND: 1. M.H. KALEEMULLA SON OF LATE HANEEF SAB AGED ABOUT 72 YEARS OCC: AGRICULTURE AND BUSINESS 2. MRS. AKHILABI WIFE OF M.H. KALEEMULLA AGED ABOUT 68 YEARS OCC: HOUSE HOLD BOTH ARE RESIDENTS OF NALLUR CAMP -VILLAGE CHANNAGIRI -TALUK DAVANGERE DISTRICT - 577 221. …RESPONDENTS (BY SRI. R. SHASHIDHARA, ADVOCATE FOR C/R) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:34786 WP No. 29138 of 2023 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 23/11/2023, PASSED ON IA NO. 18 IN O.S. NO. 37/2018, ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, AT CHANNAGIRI ENTIRE ORDER SHEET CONTAINING THE IMPUGNED ORDER PRODUCED AT ANNEXURE-E AND PASS SUCH OTHER ORDER OR DIRECTION AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed challenging the order dated 23.11.2023 passed on I.A.No.18 in O.S.No.37/2018 by the Senior Civil Judge and JMFC, Channagiri (hereinafter referred to as the ‘Trial Court’ for short). 2. Heard Sri M.R. Hiremathad, learned counsel appearing for the petitioner and Sri R. Shashidhara, learned counsel for the caveator/respondents. - 3 - HC-KAR NC: 2026:KHC:34786 WP No. 29138 of 2023 3. The petitioner/plaintiff has filed O.S.No.37/2018 seeking relief of declaration that the plaintiff is the absolute owner and is in possession of the suit schedule property as per the unregistered partition deed dated 19.04.2011, and other consequential reliefs. The defendants denied the assertions made in the plaint by filing a written statement. The plaintiff filed I.A.No.18 under Order XVI Rule 1 and 6 read with Section 151 of the Code of Civil Procedure (for short 'CPC') seeking prayer to issue summons to the persons mentioned in the schedule of the application for production of documents. The said application was opposed by the defendants. The Trial Court, under the impugned order, rejected the application on 23.11.2023. 4(i). The primary contention of the petitioner is that the plaintiff and defendant No.1 are brothers and that they had jointly mortgaged the suit schedule properties in State Bank of Mysore, Kerebilachi Branch, Channagiri Taluk, for agricultural purpose and obtained loan of Rs.4,25,000/-. It - 4 - HC-KAR NC: 2026:KHC:34786 WP No. 29138 of 2023 is contended that the documents relating to the said loan are necessary to establish the factum of ownership. 4(ii). The second contention of the petitioner is that, when there was a dispute between the brothers, there was a Jubani Palu Parikattu yane Vibhaga Patra dated 19.04.2011, and based on such agreement, the parties have acted, and the said partition has taken place before the Jamiya Masjid Committee, Nallur Village, Channagiri Taluk. It is further contended that Jamiya Masjid Committee resolved the dispute between the brothers, and the said resolution is entered in the book maintained by the Committee. 5. It is required to be noticed that insofar as summoning of the documents from the State Bank of Mysuru is concerned, the plaintiff himself has made an averment that he and defendant No.1 had jointly obtained the loan. When such being the case, the plaintiff can make necessary application to the bank, secure the relevant documents and produce the same before the Court. - 5 - HC-KAR NC: 2026:KHC:34786 WP No. 29138 of 2023 6. Insofar as summoning of the book maintained by the Jamiya Masjid Committee is concerned, except for making assertion in the affidavit accompanying the application, no material has been placed on record to indicate whether the plaintiff has sent any communication asking the Jamiya Masjid Committee, Nallur Village, Channagiri Taluk to furnish the documents. In the absence of any such attempt by the plaintiff and also in the absence of any pleading to that effect in the plaint, I am of the view that the Trial Court has fully justified in rejecting the application and the same does not call for any interference. 7. Accordingly, the writ petition is devoid of merits and the same is rejected. 8. It is needless to observe that, if the plaintiff is a joint account holder for the loan, it is open for him to make necessary application to the bank, secure the documents, and place the same before the Court. - 6 - HC-KAR NC: 2026:KHC:34786 WP No. 29138 of 2023 9. In view of the disposal of the writ petition, I.A.No.1/2026 would not survive for consideration. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SHS List No.: 1 Sl No.: 19