- 1 - HC-KAR NC: 2026:KHC:4290 WP No. 13834 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 13834 OF 2023 (GM-CPC) BETWEEN: 1. SRI. VIKAS DHINGRA, AGED ABOUT 57 YEARS, S/O K. M. DHINGRA, R/A NO 565-566, DOUBLE STOREY, NEW RAJINDER NAGAR, NEW DELHI – 110 054 2. SRI GAUTAM KATARIA AGED ABOUT 53 YEARS, S/O S. M. KATARIA, R/A NO J-1, SANGAM ESTATE, I – UNDER HILL ROAD, CIVIL LINES, NEW DELHI – 110 054 REP. BY THEIR REGISTERED POWER OF ATTORNEY HOLDER SRI J. R. SURESH, AGED ABOUT 64 YEARS S/O LATE RAMAKRISHNA G., R/A NO 8/28, AJITH SHREE, BULL TEMPLE ROAD, BASAVANGUDI, BENGALURU – 560 004 …PETITIONERS (BY SRI. MADHAUSUDHAN ADIGA B., ADVOCATE) AND: LATE ANURAG SACHDEV S/O LATE PURUSHOTHAM LAL SACHDEV, NO 83/2A, 1ST FLOOR, KINATUKARA BUILDING, 14TH CROSS, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4290 WP No. 13834 of 2023 MARGOSA ROAD, MALLESHWARAM, BENGALURU – 560 003 SINCE DECEASED BY DEFENDANT NO.1A, MR. JASPREET SINGH, AGED ABOUT 44 YEARS, S/O S. RAVINDER SINGH, R/A PLOT NO 15, KHASRA NO.354, GALI NO.4, GURU NANAK DEV COLONY, GURUDWARA, BHALSWA DAIRY DELHI – 110 042 …RESPONDENT (BY SRI. RAJAGOPALA NAIDU, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE ORDER DATED 20.07.2021 PASSED IN O.S.7855/2018 ON IA2 DATED 20.04.2021 FILED BY THE PETITIONERS UNDER ORDER XIII RULE 10 OF CPC AND PENDING ON THE FILE OF THE XV ADDL CITY CIVIL JUDGE, BENGALURU (CCH-3) AND PRODUCED AS ANNX-A TO THIS WP 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 In this petition, petitioners seek the following reliefs: “a) Setting aside order dated 20.07.2021 passed in O.S.No.7855/2018 on I.A.No.2v dated 20.04.2021 filed by the petitioners under Order XIII Rule 10 of CPC and pending on the file of the XV Additional City Civil Judge, Bengaluru and produced as Annexure-A to this writ petition; b) Setting aside order dated 20.01.2022 passed in O.S.No.7855/2018 on I.A.No.3 dated 24.09.2021 filed by the petitioners under Section 114 of CPC - 3 - HC-KAR NC: 2026:KHC:4290 WP No. 13834 of 2023 and pending on the file of the XV Additional City Civil Judge, Bengaluru and produced as Annexure- B to this Writ petition; c) Allow I.A.No.2 dated 20.04.2021 filed by the petitioners under Order XIII Rule 10 of CPC produced as Annexure-E to this writ petition; d) Allow I.A.No.3 dated 24.09.2024 filed by the petitioners under Section 114 of CPC produced as Annexure-F to this writ petition; e) Grant such other relief/s as this Hon’ble Court deems fit and necessary under the circumstances of the case in the interest of justice.” 2. Heard learned counsel for the petitioners and learned counsel for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that the petitioners-plaintiffs instituted the aforesaid suit against the respondent-defendant for grant of succession certificate and for other reliefs. The respondent-defendant is contesting the said proceedings. In the first instance, during the pendency of the proceedings, the petitioner filed an application I.A.No.2 under Order XIII Rule 10 seeking summoning of records in relation to the following proceedings: P&SC 51/2010, P&SC 52/2010, SC 433/2011 (pending Before CCCH-3). - 4 - HC-KAR NC: 2026:KHC:4290 WP No. 13834 of 2023 4. Though the respondent submitted that they had no objection to allowing I.A.No.2, the trial Court proceeded to pass the impugned order dismissing the application as hereunder: The plaintiffs' Counsel has filed application under Order 13 Rule 10 of CPC praying to summon the records pertaining to P&SC No.51/2010, P&SC No.52/2020 on the file of CCCH-3 and the record in SC No.433/2011 on the file of CCCH-65. Per contra, the Counsel for defendant submits no objection to summon the records. Heard on both sides. Perused the I.A, Affidavit and record. The plaintiffs have filed this suit for issuance of Succession Certificate to receive the schedule amount. Initially, the petition was numbered in P & SC No.348/2017 and later the application filed by the respondent and the same was allowed. Thereafter, the petition was converted in to suit. It has stated by the GPA Holder of the plaintiffs that the records morefully stated in the application are necessary to adjudicate the matter between the parties. The documents such as original Will and other documents were produced in P & SC No.51/2010 and P & SC No. 52/2020 on the file of this Court and in SC No.433/211 - 5 - HC-KAR NC: 2026:KHC:4290 WP No. 13834 of 2023 before CCCH-65. Hence, the plaintiffs prayed to summon the said records and to got mark the documents in this suit. It is to be noted that, as per the provision of Order 13 Rule 10(2) of CPC, if the party is able to establish that without unreasonable delay or expense obtain a duly authenticated copy of the record or of such portion thereof as the party requires or that the production of the original is necessary for the purposes of justice. In the case on hand, the documents sought by the plaintiffs are got marked in the refereed cases. Further, there is no hurdle for the plaintiffs to take back the documents which were produced by them in the above cases. Therefore, I am of the considered opinion that the plaintiffs have not established the grounds to summon the documents from the above referred cases to this Court. Hence, I proceed to pass the following : ORDER The application filed by the plaintiffs under Order XIII Rule 10 of CPC is hereby dismissed.” 5. Aggrieved by the said order passed by the trial Court, the petitioner filed an application I.A.No.3 under Section 114 read with Order XLVII Rule 1 CPC seeking review/recalling of the review of the earlier order dated 27.01.2021, by the impugned order, the trial Court dismissed I.A.No.3 also. Aggrieved by the impugned - 6 - HC-KAR NC: 2026:KHC:4290 WP No. 13834 of 2023 orders passed on I.A.Nos.2 and 3, the petitioners are before this Court by way of the present petition. 6. A perusal of the material on record including the impugned orders will indicate that the trial Court failed to consider and appreciate that the documents in relation to P&SC 51/2010, P&SC 52/2010, SC 433/2011 were relevant and material, essential and necessary for the purpose of adjudication of the issues in controversy between the parties and having regard to the undisputed fact, that the said application was not opposed by the respondents, who in fact admitted that they had no objection to the said application, I am of the considered opinion that the trial Court committed an error in rejecting the applications and confirming the same by dismissing the review petition, thereby resulting in miscarriage of justice warranting interference by this Court in the present petition. 7. In the result, I pass the following: ORDER i) The petition is hereby allowed. - 7 - HC-KAR NC: 2026:KHC:4290 WP No. 13834 of 2023 ii) Impugned orders dated 20.04.2021 on I.A.No.2 and 24.09.2021 on I.A.No.3 are hereby set aside. iii) Application I.A.No.2 filed by the petitioners-plaintiffs in O.S.No.7855/2018 stands allowed. iv) The trial court is directed to summon the records/documents as sought for in I.A.No.2 by the petitioners- plaintiffs and proceed further in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 49