- 1 - HC-KAR NC: 2025:KHC:20596 WP No. 14668 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 14668 OF 2023 (GM-CPC) BETWEEN: SRI. GIRIJASHANKAR, S/O LATE D.VENKATESHULU NAIDU, AGED ABOUT 70 YEARS, R/AT NO.17, GROUND FLOOR, I CROSS, AGA ABBAS ALI ROAD, ULSOOR, BENGALURU – 560 042. …PETITIONER (BY SRI ABIJITH M. M., ADVOCATE) AND: 1. SRI V.PRABHAKAR, S/O LATE D.VENKATESHULU NAIDU, AGED ABOUT 59 YEARS, R/AT NO.17, 1ST FLOOR, 1ST CROSS, AGA ABBAS ALI ROAD, ULSOOR, BENGALURU – 560 042. 2. SRI K.RAJA, S/O LATE KRISHNASWAMY NAIDU, AGED ABOUT MAJOR, R/AT NO.32/1, MOORE ROAD, 3RD CROSS, FRASER TOWN, BENGALURU – 560 005. 3. SMT. LATHASRI, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20596 WP No. 14668 of 2023 W/O K.RAJA, AGED ABOUT MAJOR, R/AT NO.32/1, MOORE ROAD, 3RD CROSS, FRASER TOWN, BENGALURU – 560 005. 4. SRI. THYAGARAJ, S/O LATE VENKATESH NAIDU, AGED ABOUT MAJOR, R/AT NO.32/1, MOORE ROAD, 3RD CROSS, FRASER TOWN, BENGALURU – 560 005. 5. SRI. M.KRISHNAN, S/O LATE MUNIRAJU NAIDU, AGED ABOUT MAJOR, R/AT NO.15, CHINNAPPA LAYOUT, KEMPAPURA, HEBBAL BENGALURU – 560 024. 6. SRI E.MUNIRATHNAM, S/O ETHIRAJU NAIDU, AGED ABOUT MAJOR, R/AT NO.91/1, OLD NO.65/1, 5TH CROSS, MALLESHWARAM, BENGALURU – 560 003. 7. THE SENIOR SUBREGISTRAR, B.D.A COMPLEX, DOMLURU, BENGALURU – 560 042. …RESPONDENTS (BY SRI. ROHIT V. R., ADVOCATE FOR SMT. UDITA RAMESH, ADVOCATE FOR R1; SRI. HARSHA KUMAR., ADVOCATE FOR R2) - 3 - HC-KAR NC: 2025:KHC:20596 WP No. 14668 of 2023 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS IN O.S.NO. 2192/2008 PENDING ON THE FILE OF THE LEARNED XXVII ADDL. CITY CIVIL AND SESSIONS JUDGE, (CCH NO.09) AT BENGALURU AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner-defendant No.7 is before this Court calling in question an order dated 7.6.2023 by which the concerned Court rejects the application seeking extension of time for filing of the Written Statement from the defendant No.7. 2. Heard Sri Abijith M.M., learned counsel for the petitioner, Sri Rohit V.R., learned counsel for Smt.Udita Ramesh, learned counsel for Respondent No.1, Sri Harsha Kumar, learned counsel for Respondent No.2 and have perused the material on record. 3. Learned counsel for the petitioner submits that defendant No.7 was impleaded by an application under Order I Rule 10 of the Code of Civil Procedure which comes to be - 4 - HC-KAR NC: 2025:KHC:20596 WP No. 14668 of 2023 allowed on 27.08.2013 but had not filed the Written Statement. The entire proceedings was challenged by other defendants in W.P.No.50178/2015 which comes to be disposed by the order of the Coordinate Bench on 02.01.2023. After the disposal, the petitioner files an application seeking extension of time for filing of the Written Statement on the score that the proceedings were stayed at the hands of this Court and the stay was operating close to eight years. 4. The cause shown by the petitioner was attributable to the pending proceedings before this Court. Therefore, the Court ought to have considered the application and granted time to file the Written Statement. 5. Learned counsel for the respondents submits that the Written Statement is already filed and there is no objection for it to be taken on record. 6. In the light of the aforesaid circumstance, the concerned Court shall take the Written Statement on record and regulate its procedure in terms of the order passed by the - 5 - HC-KAR NC: 2025:KHC:20596 WP No. 14668 of 2023 Coordinate Bench which had directed the conclusion of the trial within one year from 02.01.2023. In the light of the pendency of the proceedings, even after expiry of one year of the aforesaid direction, I deem it appropriate to direct the concerned Court to conclude this suit which is of the year 2008 within three months from today, if not earlier. 7. It is needless to observe that the parties to the lis shall cooperate with the disposal of the suit as observed herein above. With the aforesaid observations, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 60 CT:SS