- 1 - NC: 2025:KHC:11061 WP No. 7537 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 7537 OF 2025 (GM-CPC) BETWEEN: 1. MR. SHANMUKHAPPA. V S/O VASIGERAPPA AGED ABOUT 51 YEARS 2. MRS. K J SUNEETHA W/O SHANMUKHAPPA V AGED ABOUT 38 YEARS. BOTH ARE RESIDING AT NO. 736, 8TH MAIN ROAD 8TH CROSS, RPC LAYOUT HAMPINAGAR, VIJAYANAGAR II STAGE BENGALURU-560 040. …PETITIONERS (BY SRI. RAGHUNATH M D., ADVOCATE) AND: 1. MR. P. K. KUMARAVYASA S/O LATE P.K.KAKRANNAYA AGED ABOUT 68 YEARS R/AT NO. 738 (GROUND FLOOR) 8TH CROSS, 8TH MAIN HAMPINAGAR, VIJAYANAGAR BENGALURU-560 040. 2. ASST. DIRECTOR OF TOWN PLANNING, BBMP SOUTH (ADTP) BBMP OFFICE AT NO. 8/1 9TH CROSS, 9TH MAIN JAYANAGAR II BLOCK Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11061 WP No. 7537 of 2025 BBMP SOUTH ZONE OFFICE BENGALURU-560 011. 3. ASST. EXECUTIVE ENGINEER (AEE) BBMP, OFFICE AT BBMP WARD OFFICE BEHIND KAILASESHWARA TEMPLE BASAVESHWARA JNCS LAYOUT CHANDRA LAYOUT BENGALURU-560 040. 4. CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE OFFICE AT N R SQUARE HUDSON CIRCLE, OPPOSITE LIC BUILDING, NEAR TOWN HALL BENGALURU-560 002. …RESPONDENTS (BY SRI.SATISHCHANDRA R., ADVOCATE FOR C/R1: NOTICE TO R2 TO R4 ARE SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THE PETITION AND QUASH THE ORDER PASSED ON 15/02/2025 BY THE XIV ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU ALLOWING IA-5 FILED BY THE R1 UNDER ORDER VIII RULE 9 IN OS NO. 8289/2023 AT ANNEXURE-H AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:11061 WP No. 7537 of 2025 CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioners-defendant Nos.4 and 5 challenging the order dated 15.02.2025 passed by the XIV Addl. City Civil and Sessions Judge, Bengaluru, on I.A.No.5 filed by the plaintiff under Order VIII Rule 9 of CPC in O.S.No.8289/2023, whereby the Trial Court has allowed the said application. 2. The plaintiff filed the suit for declaration of easementary rights and mandatory injunction. On service of suit summons, the defendants appeared and filed written statement and defendant Nos.4 and 5 filed counter claim. On the basis of the pleadings of the parties, the Trial Court has framed issues. After framing issues, the plaintiff has filed I.A.No.5 under Order VIII Rule 9 of CPC seeking permission to file rejoinder to the counter claim filed by defendant Nos.4 and 5. The Trial Court, by impugned order dated 15.02.2025 has allowed the said - 4 - NC: 2025:KHC:11061 WP No. 7537 of 2025 application. Being aggrieved by the said order, the present petition is filed. 3. The learned counsel for the petitioners-defendant Nos.4 and 5 has contended that to the application filed by the defendants under Order 39 Rule 4 of CPC, the plaintiff has filed detailed objections in respect of the counter claim filed by the defendants and also to the vacating application. Once again, the plaintiff has filed the application seeking permission to file rejoinder to the counter claim filed by defendants. The same is not permissible. The Trial Court has erred in allowing the application filed by the plaintiff seeking permission to file rejoinder and hence, the impugned order is liable to be set aside. 4. The learned counsel for the respondent No.1-plaintiff contended that earlier the plaintiff has not filed any rejoinder and he has only filed objections to the application filed by the defendants under Order 39 Rule 4 - 5 - NC: 2025:KHC:11061 WP No. 7537 of 2025 of CPC. Since the petitioners-defendant Nos.4 and 5 have filed written statement and also filed counter claim, the plaintiff has all rights to counter the same by filing rejoinder. He contended that in respect of pleadings of the parties, issues have been framed. However, in respect of rejoinder, he will not press for framing additional issues on the same point. 5. Heard the learned counsel for the parties. Perused the writ papers. 6. Suit is filed for declaration of easementary rights and mandatory injunction. The Trial Court by order dated 19.12.2023 has granted an exparte order of temporary injunction in favour of the plaintiff. The defendants have appeared and filed written statement and defendant Nos.4 and 5 filed counter claim. In the meantime, defendants have filed application under Order 39 Rule 4 of CPC seeking for vacating the exparte interim order granted by the Trial Court in favour of plaintiff. To the application filed - 6 - NC: 2025:KHC:11061 WP No. 7537 of 2025 by the defendants under Order 39 Rule 4 of CPC, the plaintiff has filed objections. In the said objections, the plaintiff has pleaded in respect of counter claim filed by defendant Nos.4 and 5 and also sought for dismissal of counter claim. 7. Be that as it may. Plaintiff has not filed any separate rejoinder to the counter claim filed by the petitioners- defendants. Since the petitioners-defendants have filed counter claim, the plaintiff has all the rights to file application seeking permission to file rejoinder to the counter claim and accordingly filed the application. Considering all these aspects, the Trial Court has rightly allowed the application filed by the plaintiff. 8. Viewed from any angle, there is no error or illegality in the impugned order passed by the Trial Court. No good grounds are made out to exercise the supervisory jurisdiction vested under Article 227 of the Constitution of India. - 7 - NC: 2025:KHC:11061 WP No. 7537 of 2025 9. Accordingly, the writ petition is dismissed. 10. However, it is made clear that since the Trial Court has already framed issues in respect of pleadings of the parties and counter claim filed by defendants and if there is any additional issues to be framed other than the issues already framed, the Trial Court shall frame the additional issues. If already framed, the Trial Court need not frame additional issues and shall proceed with the matter. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 5