- 1 - NC: 2025:KHC:14953 WP No. 8911 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 8911 OF 2025 (GM-CPC) BETWEEN: 1. SRI THIPPANNA S/O BASAVANYAPPA AGED ABOUT 70 YEARS 2. SRI. THIPPESHI S S/O THIPPANNA AGED ABOUT 45 YEARS 3. SRI RAJU S/O THIPPANNA AGED ABOUT 40 YEARS 4. SMT. RATHNAMMA W/O LATE DEVARATTYPPA AGED ABOUT 70 YEARS SINCE DEAD REP BY SRI. SHIVARAJ S/O LATE DEVARATTYAPPA AGED ABOUT 45 YEARS. 5. SRI. GANESH S/O BELLARY NAGAPPA AGED ABOUT 25 YEARS ALL ARE R/O JAREKATTE VILLAGE DAVANAGERE TALUK AND DISTRICT -577004. …PETITIONERS (BY SRI. M R HIREMATHAD., ADVOCATE) AND: 1. SMT GANGAMMA W/O LATE BHEEMAPPA Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:14953 WP No. 8911 of 2025 AGED ABOUT 58 YEARS R/O JARIKATTE VILLAGE DAVANAGERE TALUK & DISTRICT-577 004. 2. SMT. VIJAYA W/O NAGARAJA AGED ABOUT 38 YEARS R/O MAKANURU VILLAGE RANEBENURU TALUK HAVERI DISTRICT-581115. 3. SRI. MURULI S/O LATE BHEEMAPPA AGED ABOUT 36 YEARS R/O JARIKATTE VILLAGE DAVANAGERE TALUK & DISTRICT-577 004. 4. SRI. SOMASHEKHAR S/O LATE BHEEMAPPA AGED ABOUT 34 YEARS R/O JARIKATTE VILLAGE DAVANAGERE TALUK & DISTRICT-577 004. 5. SMT. HEMAVATHI W/O AJITHA KUMAR AGED ABOUT 32 YEARS R/O JOLLI COMPOUND BEHIND RAMAKRISHNA NURSING HOME DAVANAGERE -577 001. 6. KUM. HARISTHA D/O LATE KRISHNA AGED ABOUT 11 YEARS (REP BY GRANDMOTHER SMT. GANGAMMA R/O JARIKATTE VILLAGE DAVANAGERE TALUK & DISTRICT-577 004). …RESPONDENTS (BY SRI.RAKSHITH K S., ADVOCATE FOR R1 TO R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO - 3 - NC: 2025:KHC:14953 WP No. 8911 of 2025 QUASHING THE ORDER DATED 21-02-2025 PASSED ON I.A. NO-2 IN O.S. NO-365/2022, PASSED BY THE III ADDL SENIOR CIVIL JUDGE AND CJM AT DAVANAGERE, PRODUCED AT ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: 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-defendants challenging the order dated 21.02.2025 passed by the III Additional Senior Civil Judge & JMFC, Davanagere, on I.A.No.II filed by the defendants under Section 151 of CPC in O.S.No.365/2022, whereby the Trial Court has dismissed the said application. 2. The plaintiffs filed the suit for declaration and possession. On service of the suit summons, the defendants appeared through counsel but did not file any written statement. Since the defendants did not file any written statement, the matter has been posted for arguments. Thereafter, the defendants filed I.A.No.II under Section 151 of the CPC seeking permission to file - 4 - NC: 2025:KHC:14953 WP No. 8911 of 2025 the written statement by condoning the delay. However, there is no proper explanation provided in the said application for not filing the written statement earlier. Therefore, the trial Court, by the impugned order, has dismissed the application. Being aggrieved by the same, the present petition has been filed. 3. Be that as it may, in the interest of justice, this Court is of the opinion that the impugned order is liable to be set aside. 4. Accordingly, the following order is passed: ORDER a) The writ petition is allowed. b) The order dated 21.02.2025 passed by the III Additional Senior Civil Judge & JMFC, Davanagere, on I.A.No.II filed by the defendants under Section 151 of CPC in O.S.No.365/2022, is set aside. c) I.A.No.II filed by the defendants is hereby allowed, subject to the condition that the - 5 - NC: 2025:KHC:14953 WP No. 8911 of 2025 petitioners-defendants shall pay Rs.15,000/- to the plaintiffs. d) It is made clear that the petitioners shall proceed with the matter without seeking any adjournment in the matter. If they seek any adjournment without giving any proper reason, the Court can close their evidence. e) The Trial Court is directed to dispose of the suit, in accordance with law, as expeditiously as possible, not later than six months from the date of receipt of copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 76