- 1 - HC-KAR NC: 2025:KHC:24099 WP No. 10151 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.G.PANDIT WRIT PETITION NO. 10151 OF 2025 (GM-CPC) BETWEEN: SRI S.M. AMARNATH, S/O LATE S.MARIYAPPA, AGED ABOUT 44 YEARS, R/A ANNAMMATAYI COMPLEX, WARD NO.10, VIJAYAPURA TOWN, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT, PIN-562 135. …PETITIONER (BY SRI K.A. MONNAPPA, ADVOCATE) AND: 1. SRI SHANKAR, S/O LATE VEERAPPA, AGED ABOUT 48 YEARS, 2. SMT. VENKATALAKSHMI, W/O SHANKAR, AGED ABOUT 44 YEARS, RESPONDENT NOS.1 & 2 ARE R/A VOKKALIGARA BEEDHI, BEHIND CINEMA ROAD, WARD NO.10, 3RD DIVISION, VIJAYAPURA TOWN, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562 135. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 23.01.2025 PASSED ON THE FILE OF THE II ADDL. Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24099 WP No. 10151 of 2025 CIVIL JUDGE AND JMFC, BENGALURU RURAL DISTRICT AT DEVANAHALLI ON IA NOS.3 AND 4 PRODUCED AT ANNX-G IN OS NO. 376/2022, DIRECT THE II ADDL. CIVIL JUDGE AND JMFC, BENGALURU RURAL DISTRICT AT DEVANAHALLI TO PROCEED TO PASS JUDGMENT IN OS NO. 376/2002 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT ORAL ORDER The petitioner, plaintiff in O.S.No.376/2022 on the file of the II Additional Civil Judge and JMFC., Devanahalli (for short, ‘the Trial Court’) is before this Court under Article 226 of the Constitution of India, aggrieved by order dated 23.01.2025 allowing I.A.Nos.3 and 4 filed under Order 9 Rule 7 and under Section 151 of CPC respectively seeking permission to file written statement enclosing the written statement. 2. Heard learned counsel Sri.K.A.Monnappa for petitioner and perused the entire writ petition papers. - 3 - HC-KAR NC: 2025:KHC:24099 WP No. 10151 of 2025 3. Learned counsel for the petitioner would contend that since the suit after completion of recording of evidence on behalf of the plaintiff was posted for judgment to 10.08.2023 and as the judgment was not ready, it was adjourned to 02.09.2023 and 25.09.2023. It is submitted that on 25.09.2023 the matter was posted for further arguments to 13.10.2023. It is further submitted that on the said date, the above stated I.A.Nos.3 and 4 were filed by the defendants. 4. Learned counsel placing reliance on the judgment of the Co-ordinate Bench of this Court in the case of ABDUL SHUKOOR VS. SAMAD PASHA AND OTHERS (W.P.No.204679/2018) contends that once the suit is posted for arguments, the application under Order 9 Rule 7 of CPC would not be maintainable. Thus, he prays for dismissal of the applications by allowing the present writ petition. - 4 - HC-KAR NC: 2025:KHC:24099 WP No. 10151 of 2025 5. The suit is one for possession. The defendants were placed ex-parte on 17.10.2022 and the suit proceeded further. On 10.08.2023 suit was posted for judgment. As the judgment was not ready, the suit was adjourned to 02.09.2023 as well as 25.09.2023. On 25.09.2023 the suit was posted to 13.10.2023 for further arguments. Though, earlier the suit was posted for judgment, subsequently it was posted for further arguments. At that stage, defendants have filed the applications under Order 9 Rule 7 and under Section 151 of CPC. As the suit was at the stage of further arguments, the decision on which the petitioner places reliance would not assist the petitioner. Since the suit is one for possession and the rights of the parties in the above suit is in respect of immovable property, the Trial Court is justified in allowing the said applications and taking the written statement on record. - 5 - HC-KAR NC: 2025:KHC:24099 WP No. 10151 of 2025 6. Thus, I do not find any error in the impugned order passed by the Trial Court. The Trial Court shall proceed further in the suit and post the suit for further stage, without there being any delay. 7. With the above, writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE NC List No.: 1 Sl No.: 16