- 1 - NC: 2025:KHC:11712 WP No. 27360 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 27360 OF 2024 (GM-CPC) BETWEEN: SMT YASHODAMMA KENCHAPPA AGED ABOUT 70 YEARS W/O KENCHAPPA R/AT NO. G1, GROUND FLOOR MEGHANA MEADOWS 1ST MAIN ROAD, R M V 2ND STAGE N N FARM, GEDDANAHALLI BENGALURU 560 094. …PETITIONER (BY MISS. ANJANA A V, ADVOCATE FOR SMT. RAKSHITHA D J.,ADVOCATE) AND: 1. M/S CHARAN HOMES PVT LTD A COMPANY REGISTERED UNDER THE INDIAN COMPANIES ACT HAVING THEIR ADMINISTRATIVE OFFICE AT NO.11, 80 FEET ROAD HMT LAYOUT, R T NAGAR BENGALURU 560 032 REPRESENTED BY ITS MANAGING DIRECTOR SRI K V SATHYANARAYANA REDDY. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11712 WP No. 27360 of 2024 2. SRI N. NANJAPPA S/O LATE N NARAYANAPPA AGED ABOUT 67 YEARS N N FORM,R M V 2ND STAGE BENGALURU 560 094. 3. SRI NARAYANASAMI RAMACHANDRAN S/O SRI NARAYANASAMI AGED ABOUT 72 YEARS NO. 83, S J P ROAD BENGALURU 560 094. 4. SRI MITTA SHIVA GANESH S/O LATE KRISHNAMURHTY AGED ABOUT 59 YEARS R/AT NO.201, PADMAJA PALACE 14 SRINAGAR COLONY HYDERABAD 560 073. …RESPONDENTS (NOTICE TO R1 IS DISPENSED WITH V/O DATED: 20.03.2025: NOTICE TO R2 & R4 ARE SERVED AND UNREPRESENTED: NOTICE TO R3 IS HELD SUFFICIENT) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED: 07.08.2024 PASSED IN O.S.NO. 5406/2014 ON THE FILE OF XXXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH 14) IN DISMISSING THE APPLICATION FILED BY THE PLAINTIFF IN IA NO.19 AND 20 VIDE ANNEXURE-A 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 - 3 - NC: 2025:KHC:11712 WP No. 27360 of 2024 ORAL ORDER This writ petition is filed by the plaintiff under Article 227 of the Constitution of India, challenging the order dated 07.08.2024 passed on IA Nos.19 and 20 in O.S.No.5406/2014 by the XXXI Additional City Civil and Sessions Judge, Bengaluru, whereby the applications filed by the plaintiff under Order 18 Rule 17 r/w. 151 of CPC to recall the order dated 04.07.2019 and to permit the plaintiff to file written statement to the counter-claim filed by defendant No.3 were dismissed. 2. The plaintiff filed a suit for specific performance of the contract. On service of summons, defendant No.3 filed the written statement along with the counter-claim on 28.05.2019. Thereafter, the matter was posted on 04.07.2019. On that day, the plaintiff has not filed any written statement to the counter-claim and the same was taken as not filed. Therefore, the plaintiff filed these applications for recalling the order dated 04.07.2019 and - 4 - NC: 2025:KHC:11712 WP No. 27360 of 2024 to permit the plaintiff to file written statement to the counter-claim of the defendant No.3. 3. The learned counsel for the petitioner submitted that the matter is yet to be posted for evidence of the parties. If the plaintiff is not permitted to file the written statement to the counter-claim, it is difficult for her to put forth her case. Since the defendant No.3 has filed the counter-claim on 28.05.2019, the plaintiff filed the written statement to the counter-claim. In this matter, the trial is yet to be started. If the applications are allowed and the plaintiff is permitted to file the written statement to the counter-claim, it will not cause any prejudice to the defendants. 4. In view of the above, the following order is passed: (i) The writ petition is allowed. (ii) The order dated 07.08.2024 passed on IA Nos. 19 and 20 in O.S.No.5406/2014 by the - 5 - NC: 2025:KHC:11712 WP No. 27360 of 2024 XXXI Additional City Civil and Sessions Judge, Bengaluru is set aside. (iii) IA Nos. 19 and 20 filed by the plaintiff under Order XVIII Rule 17 r/w. Section 151 of CPC are allowed. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 30