- 1 - NC: 2025:KHC:1464 WP No. 19300 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 19300 OF 2024 (GM-CPC) BETWEEN: SRI N S REVANNA SIDDAPPA S/O SHARANAPPA AGED ABOUT 68 YEARS R/ATNO 91/107B, N B – 1 BLOCK DCM TOWNSHIP DAVANGERE - 577004 …PETITIONER (BY SRI. NANDISH GOWDA G B.,ADVOCATE) AND: 1. SRI SIDDESH KUMAR C R S/O SRI N S REVANNA SIDDAPPA AGED ABOUT 40 YEARS 2. SMT ASHA C R D/O SRI N S REVANNA SIDDAPPA W/O SRI PREMA KUMAR K S AGED ABOUT 38 YEARS 3. SMT ANNAPOORNAMMA S N W/O SRI N S REVANNA SIDDAPPA AGED ABOUT 60 YEARS R1 TO R3 ARE R/AT NO 91/107B N B – 1 BLOCK, DCM TOWNSHIP DAVANGERE - 577004. 4. SMT KALPANA AGED ABOUT 49 YEARS R/AT OM SAI RAM BUILDING 2ND FLOOR SHAMNUR ROAD DAVANGERE - 577004 Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1464 WP No. 19300 of 2024 5. SRI V KRISHNAMURTHY S/O N S VIRUPAKSHAPPA AGED ABOUT 40 YEARS R/AT CHADURAGOLLA VILLAGE BILCHOD HOBLI, JAGALURU TALUK DAVANGERE - 577528 …RESPONDENTS (BY SMT SHRUTI CHAGANTI, ADVOCATE FOR R2 & R3: NOTICE TO R1 IS UNCLAIMED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE IMPUGNED ORDER DATED: 27.06.2024 PASSED BY THE COURT OF THE III ADDL. SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE ON IA NO. 10 FILED BY THE DEFENDANT NO. 1 UNDER SEC 151 OF CPC IN OS NO. 278/2021 VIDE ANNEXURE- A AND CONSEQUENTLY ALLOW THE APPLICATION FILED BY THE DEFENDANT NO. 1 UNDER SEC 151 OF CPC SEEKING PERMISSION TO FILE THE WRITTEN STATEMENT BY CONDONING THE DELAY 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 ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner-defendant No.1 challenging the order dated 27.06.2024 passed by - 3 - NC: 2025:KHC:1464 WP No. 19300 of 2024 the Court of III Addl. Senior Civil Judge and JMFC, Davanagere, on I.A.No.X filed under Section 151 of CPC in O.S.No.278/2021, whereby the Trial Court has dismissed the said application. 2. The plaintiffs filed the suit for partition and separate possession. On service of suit summons, the defendants have appeared through counsel on 22.11.2021. Even after lapse of 3 years, the defendants have not filed the written statement. On the basis of the plaint averments, the Trial Court has framed issues. Thereafter, the matter has been posted for evidence and evidence of the plaintiffs has been completed. After completion of evidence, the matter has been posted for arguments. At this stage, the defendant No.1 has filed I.A.No.X seeking permission to file written statement. The Trial Court, by impugned order has dismissed the said application on the ground that there is delay in filing the application. Being aggrieved, the present petition is filed by defendant No.1. - 4 - NC: 2025:KHC:1464 WP No. 19300 of 2024 3. Be that as it may, in the interest of justice and in order to give one more opportunity to the petitioner- defendant No.1 and by exercising the supervisory jurisdiction vested under Article 227 of Constitution of India, the application is liable to be allowed. The delay or inaction on the part of the defendant No.1 can be suitably met with by imposing cost and certain conditions. 4. Accordingly, the following order is passed: ORDER a) The writ petition is allowed. b) The order dated 27.06.2024 passed by the Court of III Addl. Senior Civil Judge and JMFC, Davanagere, on I.A.No.X filed under Section 151 of CPC in O.S.No.278/2021 is set aside. c) I.A.No.X filed by defendant No.1 is allowed subject to payment of cost of Rs.25,000/- payable to plaintiff No.3 on or before the next date of hearing before the Trial Court. Payment of cost is a condition precedent. - 5 - NC: 2025:KHC:1464 WP No. 19300 of 2024 d) It is made clear that the defendant No.1 shall not take any further time and has to co-operate for early disposal of the suit. e) The Trial Court is directed to dispose of the suit in accordance with law and as expeditiously as possible, not later than eight months from the date of receipt of copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 80