- 1 - NC: 2025:KHC:6110 WP No. 3324 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 3324 OF 2025 (GM-CPC) BETWEEN: 1. SRI T S BASAVARAJU S/O LATE SIDDARAMEGOWDA AGED ABOUT 82 YEARS 2. SRI. KUMARASWAMY S/O T. S. BASAVARAJU AGED ABOUT 47 YEARS. 3. SRI. SADASHIVAIAH S/O. T. S. BASAVARAJU AGED ABOUT 45 YEARS ALL ARE R/O THAMMADIHALLI VILLAGE GULUR HOBLI,TUMAKURU TALUK AND DISTRICT- 572 226. …PETITIONERS (BY SRI. M B CHANDRA CHOODA.,ADVOCATE) AND: SRI SANGANABASAPPA S/O LATE GURUCHANNABASAPPA AGED ABOUT 75 YEARS R/O. THAMMADIHALLI VILLAGE TUMAKURU TALUK AND DISTRICT-572 226. …RESPONDENT (BY SRI.SUNIL KUMAR PATEL., ADVOCATE FOR C/R) Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6110 WP No. 3324 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED: 24.01.2025 PASSED IN M.A.NO. 46/2024 ON THE FILE OF II ADDL. SENIOR CIVIL JUDGE, TUMAKURU VIDE ANNEXURE-J AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by defendant Nos. 1 to 3 under Article 227 of the Constitution of India, challenging the order dated 24.01.2025 passed by the II Additional Senior Civil Judge and JMFC, Tumakuru in M.A.No.46/ 2024, whereby, the order passed by the trial court has been set aside and the appeal filed by the plaintiff has been allowed. 2. The plaintiff filed a suit for declaration and injunction. Along with the plaint, he filed an application under Order XXXIX Rules 1 and 2. The trial court, by order dated 14.08.2024, dismissed the application filed by the plaintiff. Being aggrieved by the same, plaintiff filed - 3 - NC: 2025:KHC:6110 WP No. 3324 of 2025 an appeal before the Principal Senior Civil Judge and CJM, Tumakuru in M.A.No.46/2024. 3. When the matter was posted on 18.09.2024, notice was issued to the respondents. On 09.12.2024, it was noticed that notice to respondents were served personally. Hence, adjourned the matter for arguments on 01.02.2025. Thereafter, the plaintiff filed advancement application. The matter has been advanced to 17.01.2025. On that day, none appeared for the respondents, hence, the matter was posted for judgment on 24.01.2025. On 24.01.2025, the matter was heard and the impugned order was passed. The impugned order was passed without giving any opportunity to the petitioners/ defendant Nos.1 to 3. 4. On the short ground of violation of principles of natural justice, the petition requires to be allowed. 5. Accordingly, the following order is passed: (i) The writ petition is allowed. - 4 - NC: 2025:KHC:6110 WP No. 3324 of 2025 (ii) The order dated 24.01.2025 passed by II Additional Senior Civil Judge and JMFC, Tumakuru in M.A.No.46/2024 is set aside. (iii) The matter is remitted back to the I Appellate Court to re-consider the matter afresh, in accordance with law, after giving opportunity to the parties. (iv) The parties are directed to appear before the I Appellate Court, on 27.02.2025, without any further notice. (v) The I Appellate Court is directed to dispose of the matter, as expeditiously as possible, at any rate, by the end of March 2025. (vi) The parties are directed to co-operate for expeditious disposal of the matter. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 37