Ratnamma Vs Ashok — Writ and Judicial Review | Karnataka HC (2025)

Ratnamma Vs Ashok — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the Trial Court correctly dismissed the defendant's application to summon the Secretary of the Star Premier Cooperative Society to produce documents relating to the Mumbai flat (claimed by the defendant as joint family property in the partition suit), on the premise that the defendant had not applied for a certified copy of the Registered Sale Deed registered with the Sub-Registrar.

Court's answer

No interference is warranted with the impugned order: the Trial Court rightly held that unless the certified copies are refused by the officer, the person cannot be summoned to produce the documents.

Ratio / Principle

While dismissing the writ petition, it remains open to the petitioner to file an application before the Trial Court or to issue notice to the plaintiff to produce the document as prescribed in the Code of Civil Procedure, in case the document stands in the name of the plaintiff.

Key takeaways

If such an application is filed or notice issued, the Court shall pass orders on merits after hearing the objections of the plaintiff.ratio¶36

Detailed headnote1 paragraphs

Writ Petition (GM-CPC) under Articles 226 and 227 of the Constitution of India by the defendants in a partition suit (Ratnamma, Devindra and Mapamma, all relatives of Late Mareppa) against the order dated 06.02.2025 of the I Additional Senior Civil Judge, Kalaburagi in O.A.No.66/2023 (Annexure-G), which dismissed their application (I.A. No.V) to summon the Secretary of the Star Premier Cooperative Society to produce documents relating to flat No.201, Mumbai, claimed by the defendant as joint family property. The Trial Court had refused the summons application on the premise that the defendant did not apply for the certified copy of the public document, i.e., the Registered Sale Deed registered in the office of the Sub-Registrar. Justice Anant Ramanath Hegde (single judge, oral order dated 05.03.2025) found no reason to interfere, endorsing the Trial Court's view that unless certified copies are refused by the officer, the person cannot be summoned to produce the documents. The writ petition was dismissed, with liberty to the petitioner either to file a fresh application before the Trial Court or to issue notice to the plaintiff to produce the document as prescribed in the Code of Civil Procedure if the document stands in the plaintiff's name; such application/notice is to be decided on merits after hearing the plaintiff's objections. No precedent was cited or engaged with.

1 - NC: 2025:KHC-K:1440 WP No. 200610 of 2025

IN THE HIGH COURT OF KARNATAKA,

KALABURAGI BENCH

DATED THIS THE 5^TH DAY OF MARCH, 2025

BEFORE

THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

WRIT PETITION NO. 200610 OF 2025 (GM-CPC)

BETWEEN:

RATNAMMA W/O LATE MAREPPA, AGE:76 YEARS, OCC : AGRICULTURE, R/O: ASTAGI, TQ: DIST: KALABURAGI.

DEVINDRA S/O LATE MAREPPA AGE:61 YEARS, OCC : AGRICULTURE, R/O: ASTAGI, TQ: DIST: KALABURAGI.

Digitally signed by BASALINGAPPA 3. MAPAMMA SHIVARAJ DHUTTARGAON D/O MAREPPA W/O SRIMANTH BELCHUR Location: HIGH AGE: 58 YEARS, COURT OF OCC: COOLIE, KARNATAKA R/O: MUNNAHALLI VILLAGE, TQ: ALAND, DIST: KALABURAGI.

…PETITIONERS

(BY SRI. DATTAATREYA KAMLAPUR, ADVOCATE)

AND:

ASHOK

S/O LATE MAREPPA @ MARIYAPPA KAMBLE

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AGE: 55 YEARS, OCC: AGRICULTURE, R/O: VILLAGE ASTAGI, TQ : DIST: KALABURAGI. PRESENTLY AT H.NO .18/D/201, AUTOPRIMER COMPOUND LBS ROAD, OPP: KOHINOOR HOSPITAL KURLA WEST, VTC: MUMBAI.

…RESPONDENT

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI THEREBY QUASHING THE IMPUGNED ORDER DATED 06.02.2025 PASSED BY I ADDITIONAL SENIOR CIVIL JUDGE, KALABURAGI IN O.A.NO.66/2023 AS PER ANNEXURE-G AND ALLOW THE I.A. NO.V, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER

(PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)

Heard the learned counsel appearing for the petitioner.

The defendant before the Trial Court is the

petitioner before this Court.

In a suit for partition, the defendant filed an application to summon the Secretary of the Star Premier Cooperative Society to produce the documents relating to the flat, which is located in Mumbai. The Trial Court, dismissed the

3 - NC: 2025:KHC-K:1440 WP No. 200610 of 2025

application on the premise that the defendant did not apply for the certified copy of the public document i.e., Registered Sale Deed, which is registered in the office of the Sub-Registrar.

Learned counsel for the petitioners would submit that the defendant is not in a position to go to Mumbai to secure the records, as such, he has filed an application to summon the Secretary of the society to produce the documents relating to flat No.201 situated at Mumbai, which according to the defendant, is also the joint family property.

This Court does not find any reason to interfere with the impugned order and the Trial Court has rightly held that unless the certified copies refused by the officer, the person cannot be summoned to produce the documents.

Under these circumstances, writ petition is dismissed. However, it is open for the petitioner to file an application before the Trial Court or to issue notice to the plaintiff to produce the document as prescribed in Code of Civil Procedure in case the document is in the name of the plaintiff.

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NC: 2025:KHC-K:1440 WP No. 200610 of 2025

If suit application is filed or notice is issued, the

Court shall pass orders on merits after hearing the objections of the plaintiff.

Sd/(ANANT RAMANATH HEGDE) JUDGE

THM List No.: 2 Sl No.: 1