- 1 - NC: 2025:KHC:452 WP No. 16325 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 16325 OF 2019 (GM-CPC) BETWEEN: R. SHOBHA W/O. G. SATISH, AGED ABOUT 44 YEARS, R/O. C/O. NO. P.C. RAMMANNA, NO.385, PATEL NILAYA, PUTTARUDRAPPA ROAD, BHEL SOUTH ZONE, R.R. NAGAR, BANGALORE-560 098. …PETITIONER (BY SRI. YOGESH V KOTEMATH, ADVOCATE FOR SRI. VIRUPAKSHAIAH P.H., ADVOCATE) AND: 1. G. SATHISH S/O. G.T. GIRIYAPPA, AGED ABOUT 47 YEARS, R/O. NO. 17, 64TH CROSS, 4TH "T" BLOCK, RAJAJINAGAR, BANGALORE-560 010. 2. SHOBHA @ LOORDU MERY, W/O. NAGARAJ, AGED ABOUT 46 YEARS, R/O. NO. 608, 6TH CROSS, BAPUJI COLONY, VIDYAPEET MAIN ROAD, KENGERI, BANGALORE-560 060. …RESPONDENTS (BY SRI. RUDRESH, ADVOCATE FOR R2; NOTICE TO R1 IS D/W, V/O/D 30.07.2021) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:452 WP No. 16325 of 2019 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 03.08.2018 IN O.S.NO.8724/2013 ON I.A.NO. V PASSED BY THE XXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE VIDE ANNEXURE-D BY REJECTING THE APPLICATION BEARING I.A.NO.V IN O.S.NO.8724/2013 VIDE ANNEXURE-B FILED BY THE DEFENDANT NO.2/RESPONDENT NO.2 HEREIN. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed on I.A.No.5 in O.S.No.8724/2013 dated 03.08.2018, by the XXX Additional City Civil and Sessions Judge, Bangalore, whereby the court had permitted defendant No.2 to file her written statement on cost of Rs.500/-, the present writ petition is filed. 2. It is submitted by the learned counsel for the petitioner that the petitioner/plaintiff has filed the suit for partition in the year 2013. Notices were served on the defendants and they have not appeared before the court and they were placed ex parte. Thereafter, in the month of November 2017, defendant No.2 has filed the I.A. to set aside the ex parte order and the same came to be allowed on - 3 - NC: 2025:KHC:452 WP No. 16325 of 2019 03.11.2017 and even then, she has not filed the written statement. Then, on 03.08.2018, defendant No.2 filed I.A.No.5 along with written statement along with the reasons why she has not filed the written statement within time. The court, by order dated 03.08.2018, has allowed the said I.A.No.5 filed by defendant No.2. It is the grievance of the petitioner/plaintiff that without giving an opportunity to the plaintiff to file her objection, straight away the court had allowed I.A.No.5 filed by the defendant No.2, which is contrary to the principles of natural justice and the court ought to have given an opportunity. Learned counsel submits that on this ground, the order dated 03.08.2018, needs to be set aside. 3. When the matter came up on 06.01.2025, learned counsel for the petitioner was present and there was no representation on behalf of the respondents. Hence, the matter was directed to be listed today and today also there is no representation for the respondents. As such, this court is proceeding to pass the order on the merits of it. 4. Having heard the learned counsel for the petitioner, perused the material on record. The trial has commenced and - 4 - NC: 2025:KHC:452 WP No. 16325 of 2019 it is at the stage of cross-examination of PW-1. Now the plaintiff is before this court and it is a suit for partition. In the considered opinion of this court, now again asking the trial Court to give an opportunity to the plaintiff to file objections to the written statement, is not in the interest of either of the parties. In that view of the matter, this court finds no reasons to interfere. Accordingly, the following: ORDER i) The writ petition is dismissed. ii) All I.As. in the writ petition, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RD