- 1 - HC-KAR NC: 2026:KHC:5146 WP No. 5309 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 5309 OF 2025 (GM-CPC) BETWEEN: SMT. K. M. ASHWATHAMMA, W/O T. M. SONNAPPA, AGED ABOUT 57 YEARS R/O THARABANAHALLI VILLAGE JALA HOBLI, BANGALORE NORTH TALUK, BENGALURU – 560 090. …PETITIONER (BY SRI. MURALI N., ADVOCATE) AND: 1. SRI. T. K. RAMANJINAPPA S/O LATE GOWDARA KRISHNAPPA AGED ABOUT 70 YEARS R/O THARABANAHALLI VILLAGE JALA HOBLI, BANGALORE NORTH TALUK, BENGALURU – 560 090 2. SRI T. M. NAGARAJU, S/O CHIKKAMUNISHAMAPPA AGED ABOUT 61 YEARS R/O THARABANAHALLI VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK, BENGALURU – 560 090 …RESPONDENTS (BY SRI. P. M. GOPI, ADVOCATE FOR R1; VIDE ORDER DATED 31.10.2025, NOT TO R2 IS DISPENSED WITH) THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD. 08.01.2025 PASSED BY THE III ADDL. SR. CIVIL JUDGE AND JMFC Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5146 WP No. 5309 of 2025 DEVANAHALLI C/C II ADDL. SR. CIVIL JUDGE AND JMFC DEVANAHALLI ON THE APPLICATION IA NO. VIII IN O.S.NO. 257/2017 PRODUCED AT ANNX-J AS ILLEGAL AND QUASH THE SAME. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the petitioner-decree holder in O.S.No.257/2017 is directed against the impugned order dated 08.01.2025 passed by the III Additional Senior Civil Judge and JMFC, Devanahalli, C/c II Additional Senior Civil Judge in JMFC, Devanahalli (for short “the Trial Court”), whereby the petitioner- defendant No.2 and respondent No.2-defendant No.1 were jointly directed to produce the original ‘P’ schedule of Family Palupatti dated 20.02.1980 as prayed for in IA No. 8 by respondent No.1- plaintiff. 2. Heard learned counsel for the petitioner and learned counsel for respondent No.1 and perused the material on record. - 3 - HC-KAR NC: 2026:KHC:5146 WP No. 5309 of 2025 3. A perusal of the material on record will indicate that respondent No.1-plaintiff instituted the aforesaid suit against the petitioner-defendant No.2 and respondent No.2-defendant No.1 for declaration, permanent injunction and other reliefs in relation to the suit schedule immovable property. The said suit having been contested by the petitioner-defendant No.2 and respondent No.2- defendant No.1, respondent No.1-plaintiff filed the instant application IA No.8 for a direction to both defendants to produce the original ‘P’ schedule of Family Palupatti dated 20.02.1980 said to have been executed between defendant No.1 and others. Though the petitioner-defendant No.2 specifically stated that he did not have custody or possession of the said alleged document, the Trial Court has proceeded to pass the impugned order allowing the application against both petitioner and defendant No.2 as well as respondent No.1. Aggrieved by the impugned order insofar as it relates to directing petitioner-defendant No.2 to produce the original ‘P’ schedule of Family Palupatti dated 20.02.1980, petitioner-defendant No.2 is before this Court by way of the present petition. - 4 - HC-KAR NC: 2026:KHC:5146 WP No. 5309 of 2025 4. Learned counsel for the petitioner submits that he does not have custody or possession of the said document and as such the Trial Court committed an error in directing the petitioner to produce the said document. 5. Per contra Learned counsel for respondent No.1- plaintiff submits that the impugned order may be modified by restricting the direction to produce the said document only in so far as defendant No.1 is concerned and by dismissing the application in so far as petitioner-defendant No.2 is concerned and by leaving open all contentions to be urged before the Trial Court by all parties. 6. In view of the aforesaid factual circumstances, I deem it just and appropriate to dispose of this petition by issuing certain directions. 7. In the result, I pass the following: ORDER (i) The petition is disposed of. (ii) The impugned order in so far as it directs petitioner- defendant No.2 to produce the original ‘P’ schedule of Family Palupatti dated 20.02.1980 is hereby set aside. - 5 - HC-KAR NC: 2026:KHC:5146 WP No. 5309 of 2025 (iii) I.A.No.8 is disposed of by directing only respondent No.2-defendant No.1 to produce the original ‘P’ schedule of Family Palupatti dated 20.02.1980 before the Trial Court. Sd/- (S.R.KRISHNA KUMAR) JUDG BMC List No.: 1 Sl No.: 78