- 1 - NC: 2025:KHC:13829 WP No. 6522 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 6522 OF 2023 (GM-CPC) BETWEEN: K.S. BASKAR RAO S/O SATHYANARAYANA, AGED ABOUT 52 YEARS, R/O YARAVANGHATTI VILLAGE, MAYAKONDA HOBLI, DAVANAGERE TALUK, DAVANAGERE DISTRICT-577002 REPRESENTED BY HIS GPA HOLDER, SMT. PRABHAVATI, W/O K. SATHYA NARAYANA, AGED ABOUT 72 YEARS, R/O Y.N. CAMP, KOLKUNTE VILLAGE-577002 DAVANAGERE TALUK AND DISTRICT. …PETITIONER (BY SRI. S. B. HALLI., ADVOCATE) AND: 1. SMT. HANUMANTHAMMA W/O HANUMANTHAPPA, AGED ABOUT 54 YEARS, R/O HINDASAGATTE VILLAGE, DAVANAGERE TALUK AND DISTRICT-577002. 2. HANUMANTHAPPA Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13829 WP No. 6522 of 2023 S/O HALAPPA, AGED ABOUT 51 YEARS, R/O YARAVANAGATIHALLI VILLAGE, MAYAKONDA HOBLI, DAVANAGERE TALUK-577002. 3. SMT PARAVATHAMMA W/O SHIVARAMAPPA, AGED ABOUT 48 YEARS, R/O SHIRANAHALLI VILLAGE, HARAPANAHALLI TALUK-583131 DAVANAGERE DISTRICT. 4. SMT. NAGARATHNAMMA @ RATHNAMMA W/O KUMARAPPA, AGED ABOUT 46 YEARS, R/O MALLEKANAHALLI VILLAGE, CHANNAGIRI TALUK-577213. 5. SRI. JAYARAMA D H S/O HALAPPA, AGED ABOUT 44 YEARS, R/O YARAVANAGATIHALLI VILLAGE, MAYAKONDA HOBLI-577002, DAVANAGERE TALUK. …RESPONDENTS (BY SRI. K. V. NARASIMHAN, ADV. FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE COURT AT DAVANAGERE, IN O.S.NO. 440/2014 ON IA NO.5 DTD 20/02/2023, VIDE ANNEXURE-E 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 - 3 - NC: 2025:KHC:13829 WP No. 6522 of 2023 ORAL ORDER 1. This petition is filed by petitioner/defendant challenging the order dated 20-02-2023 passed by learned II Addl. Civil Judge and JMFC, Davanagere in OS No.440/2014, whereby, IA V filed by the petitioner/defendant under Order III Rule 2 read with Section 151 of CPC has been dismissed. 2. Plaintiff has filed a suit for possession. On service of summons, defendant appeared and filed the written statement. On the basis of the pleadings of the parties, the trial Court has framed the issues. Thereafter, plaintiffs have adduced their evidence. When the matter was posted for evidence of the defendant, defendant filed an application under Order III Rule 2 read with Section 151 of CPC seeking permission to the Power of Attorney Holder to appear on behalf of the defendant. The said application came to be dismissed on the ground that he has not produced any documents to show that the defendant is unable to appear before the Court and give evidence. 3. The defendant, for the first time, before this Court has produced the Disability Certificate issued by the Competent - 4 - NC: 2025:KHC:13829 WP No. 6522 of 2023 Authority to show that the defendant is suffering from 80% disability. 4. Be that as it may. Since the defendant has not produced any documents before the trial Court, to give one more opportunity, I am of the opinion that the application requires to be reconsidered by the trial Court. Hence, the following: ORDER (i) The writ petition is allowed. (ii) The impugned order dated 20-02-2023 passed by the trial Court in OS No.440/2014 on IA No.5 is set aside. (iii) The trial Court is directed to reconsider the application filed by the defendant under Order III Rule 2 read with Section 151 CPC, in accordance with law, without being influenced by any observation made by this Court. (iv) All the pending applications are disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE tsn*/ List No.: 1 Sl No.: 48