- 1 - NC: 2025:KHC:16535 WP No. 46642 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 46642 OF 2017 (GM-CPC) BETWEEN: 1. SRI KALARI JANGAMA MUTTA REP. BY ITS DHARMADHIKARI SRI.Y.S.PARAMESHWARAIAH 2. SRI.Y.S. PARAMESWARAIAH S/O LATE SIDDAVEERAPPA AGED ABOUT 73 YEARS DHARMADHIKARI OF SRI. KALARI JANGAMA MUTTA RESIDING AT NO.88C KALARI JANGAMA MUTT KALARI VILLAGE AND POST KASABA HOBLI, MAGADI TALUK RAMANAGARA DISTRICT-562 120. 3. SRI.P.SHIVAPRAKASH S/O Y.S.PARAMESHWARAIAH AGED ABOUT 42 YEARS ADMINISTRATIVE MANAGER OF SRI KALARI JANGAMA MUTTA NO.48, 9TH MAIN ROAD, 2ND STAGE BINNY LAYOUT, VIJAYANAGAR BENGALURU-560 040. 4. SRI.P.MAHESH S/O Y.S.PARAMESHWARAIAH AGED ABOUT 46 YEARS Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16535 WP No. 46642 of 2017 ADMINISTRATIVE MANAGER OF SRI KALARI JANGAMA MUTTA NO.11, 2ND FLOOR, AJJEGOWDA BUILDING SANTHE CIRCLE, YELAHANKA BENGALURU-560 064. 5. SRI.P.SOMESH S/O Y.S.PARAMESHWARAIAH AGED ABOUT 33 YEARS ADMINISTRATIVE MANAGER OF SRI KALARI JANGAMA MUTTA C/O MANJUNATHA, H.V.R.LAYOUT NEAR SAIBABA TEMPLE KHB COLONY, BENGALURU-560 079. …PETITIONERS (BY SRI. RAMESHCHANDRA, ADVOCATE) AND: 1. Y.P.SATHISH BABU @ GOSALA SIDDALINGASWAMY AGED ABOUT 38 YEARS C/O G. SUMATHI, HOUSE NO.52 NEAR SHUKRAMARAMMA TEMPLE KEMPEGOWDA LAYOUT KAMALANAGAR, BENGALURU-560 079. 2. SMT.G. SUMATHI CLAIMING TO BE WIFE OF Y.P.SATHISH BABU AGED ABOUT 28 YEARS HOUSE NO.52 NEAR SHUKRAMARAMMA TEMPLE KEMPEGOWDA LAYOUT KAMALANAGAR, BENGALURU-560 079. - 3 - NC: 2025:KHC:16535 WP No. 46642 of 2017 3. SRI.H.R.RAMESH FATHER NAME NOT KNOWN TO PLAINTIFFS AGED ABOUT 42 YEARS NO.20, SRIKANTESHWARANAGAR 3RD MAIN ROAD, MAHALAKSHMILAYOUT BENGALURU. 4. SRI. PASHUPATHI FATHER NAME NOT KNOWN TO PLAINTIFFS AGED ABOUT 46 YEARS CHANDURAYANAHALLI, KASABA HOBLI MAGADI TALUK, RAMANAGARA DISTRICT. 5. SRI. MUNIRAJU FATHER NAME NOT KNOWN TO PLAINTIFFS AGED ABOUT 46 YEARS CHANDURAYANAHALLI, KASABA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT. 6. SRI. MANJUNATHA FATHER NAME NOT KNOWN TO PLAINTIFFS AGED ABOUT 32 YEARS NO.72, NEAR GANGADHAR SCHOOL KAMALANAGAR, BENGALURU-79. …RESPONDENTS (VIDE ORDER DATED 07.02.2025 NOTICVE TO R1 & R2 IS HELD SUFFICIENT; VIDE ORDER DATED 11.07.2023 SERVICE OF NOTICE TO R6 DISPENSED WITH; R3, R4, R5 ARE SERVED) THIS PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANNEXURE-A ORDER PASSED BY THE PRINCIPAL CIVIL JUDGE [JUNIOR DIVISION] AND JMFC, MAGADI DATED 17.06.2017 ON THE APPLICATION FILED BY RESPONDENT NO.1 UNDER SECTION 151 OF THE CODE OF CIVIL PROCEDURE IA NO.5 IN - 4 - NC: 2025:KHC:16535 WP No. 46642 of 2017 O.S.NO.174/2015 AND CONSEQUENTLY DISMISS THE APPLICATION AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.I.ARUN ORAL ORDER Aggrieved by the order dated 17.06.2017 passed in O.S.No.174/2015 on the file of Principal Civil Judge and JMFC, Magadi, Ramanagaram, the plaintiffs therein have preferred this writ petition. 2. The petitioners are the plaintiffs in O.S.No.174/2015 and the respondents are the defendants. 3. Inspite of service of notice, none of the respondents have appeared before this Court. 4. The plaintiffs have filed O.S.No.174/2015 praying for a decree of permanent injunction against the defendants in interfering with the possession of suit - 5 - NC: 2025:KHC:16535 WP No. 46642 of 2017 schedule property. An application under Order 39 Rule 1 and 2 of CPC is also made for temporary injunction. 5. After service of notice, as defendant Nos.2, 3 and 6 were absent, the trial Court placed them exparte by an order dated 22.08.2015. 6. Thereafter on 17.06.2017, on an application filed by defendant No.1(I.A.No.5), the trial Court has permitted filing of the written statement as prayed in the said application. Thereafter, it is seen that the written statement has been filed on behalf of defendant Nos.1, 2 and 4 on the same date which is taken on record by the trial Court. 7. On the ground that by virtue of I.A.No.5, written statement could have been filed only by defendant No.1 and not defendant Nos.2 and 4 and also on the ground that no advocate has filed vakalat on behalf of defendant No.2 in the trial Court, the present writ petition is filed with a prayer to set aside the impugned order. - 6 - NC: 2025:KHC:16535 WP No. 46642 of 2017 8. In the course of arguments, learned counsel for the petitioners fairly submits that he has no objection to treat the written statement filed on 17.06.2017 to be the written statement filed on behalf of defendant Nos.1 and 4, but he objects the same to be considered as a written statement filed by defendant No.2 as no advocate has filed vakalat on behalf of defendant No.2. 9. The certified copy of the order sheet in O.S.No.174/2015 produced by the learned counsel for the petitioners does not reveal any advocate filing vakalat on behalf of respondent No.2/defendant No.2. Under the said circumstances, the following: ORDER (i) The impugned order dated 17.06.2017 in O.S.No.174/2015 on the file of Principal Civil Judge and JMFC, Magadi, Ramanagaram insofar as it relates to filing I.A.No.5 under Section 151 of CPC by defendant No.1/respondent No.1 seeking permission to - 7 - NC: 2025:KHC:16535 WP No. 46642 of 2017 file written statement in O.S.No.174/2015 is hereby upheld; (ii) The written statement filed on 17.06.2017 on behalf of defendant No.1, 2 and 4 before the trial Court (respondent Nos.1, 2 and 4 herein), shall be treated as a written statement filed only by defendant Nos.1 and 4 in O.S.No.174/2015; (iii) Defendant No.2 is given the liberty to file vakalath and seek permission to file written statement and the same shall be considered by the trial Court in accordance with law; (iv) The writ petition is disposed of accordingly. SD/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 22