- 1 - NC: 2025:KHC:13239 WP No. 34738 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 34738 OF 2024 (GM-CPC) BETWEEN: SMT. VENKATAMMA, D/O. MUNIYAPPA, W/O. LATE SHAMBAIAH, AGED ABOUT 81 YEARS, R/O. MINASANDRA VILLAGE, LAKKUR HOBLI, MALUR TALUK - 563 160. …PETITIONER (BY SRI. VIGNESHWARA SHASTRI, SR. COUNSEL A/W SMT. AISHWARYA HEGDE M.V, ADVOCATE) AND: SRI. T. MUNIYAPPA S/O. LATE THIMMARAYAPPA, DEAD BY LR'S 1. SMT. NEELAMMA M.A, W/O LATE T. MUNIYAPPA, AGED ABOUT 81 YEARS, R/O NO.162 (A), 1ST CROSS, BILEKAHALLI LAYOUT, BANNERIGATTA ROAD, BANGALORE - 560 076. 2. SRI. SATHISH. M, S/O. LATE T. MUNIYAPPA, AGED ABOUT 55 YEARS, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13239 WP No. 34738 of 2024 R/O NO.162 (A), 1ST CROSS, BILEKAHALLI LAYOUT, BANNERIGATTA ROAD, BANGALORE - 560 076. 3. SMT. SHILPA. M, D/O. LATE T. MUNIYAPPA. AGED ABOUT 52 YEARS, R/O NO.162 (A), 1ST CROSS, BILEKAHALLI LAYOUT, BANNERIGATTA ROAD, BANGALORE - 560 076. 4. VENKATAMMA, W/O. LATE ABBAGA, AGED ABOUT 81 YEARS, R/O. MINASANDRA VILLAGE, LAKKUR HOBLI, MALUR TALUK - 563 160. 5. JAYALAKSHMI, W/O. LATE THIPPAIAH AGED MAJOR DAUGHTER IN LAW OF MUNIKYAMMA, R/O. MINASANDRA VILLAGE, LAKKUR HOBLI, MALUR TALUK - 563 160. 6. VIJAYAKUMAR, S/O. LATE THIPPAIAH, AGED ABOUT 46 YEARS, R/O. MINASANDRA VILLAGE. LAKKUR HOBLI, MALUR TALUK - 563 160. - 3 - NC: 2025:KHC:13239 WP No. 34738 of 2024 7. AMARNATH, S/O. LATE THIPPAIAH, AGED ABOUT 40 YEARS, R/O. MINASANDRA VILLAGE, LAKKUR HOBLI, MALUR TALUK - 563 160. 8. SUJATHA, D/O. LATE THIPPAIAH, AGED ABOUT 43 YEARS, R/O. KITHAGANUR, K.R. PURAM HOBLI, BANGALORE EAST TALUK. 9. JAYALAKSHMAMMA, D/O. LATE T. NARAYANAPPA, AGED ABOUT 51 YEARS, R/O. CHIKKA KANNAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE SOUTH TALUK - 562 130. 10. ANTHONIYAMMA @ MUNIYAMMA, W/O. LATE NARAYANAPPA, AGED ABOUT 49 YEARS, R/O. SFS COLONY, CHRISTIAN COLONY, GUDNAHALLI ROAD, MALUR TALUK - 563 160. 11. RAJAPPA, S/O. LATE T. NARAYANAPPA, AGED ABOUT 62 YEARS, R/O. SFS COLONY, CHRISTIAN COLONY, GUDNAHALLI ROAD, - 4 - NC: 2025:KHC:13239 WP No. 34738 of 2024 MALUR TALUK - 563 160. 12. MARIYAPPA, S/O. LATE T. NARAYANAPPA, AGED ABOUT 45 YEARS, R/O. SFS COLONY, CHRISTIAN COLONY, GUDNAHALLI ROAD, MALUR TALUK - 563 160. 13. RAJAPPA, S/O. LATE KRISHNAPPA, AGED ABOUT 68 YEARS, R/O. GONUR VILLAGE, LAKKUR HOBLI, MALUR TALUK - 563 160. 14. M. RAMESH, S/O. MARAPPA, AGED ABOUT 54 YEARS, R/O. ARASANAHALLI VILLAGE, LAKKUR HOBLI, MALUR TALUK - 563 160. 15. JAYALAKSHMAMMA, W/O. JAYARAMAREDDY, AGED ABOUT 54 YEARS, R/O. DODDAKANNAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE - 560 035. 16. K. NAGARAJAPPA. S/O. KRISHNAPPA, AGED ABOUT 73 YEARS, R/O. GONUR VILLAGE, - 5 - NC: 2025:KHC:13239 WP No. 34738 of 2024 LAKKUR HOBLI, MALUR TALUK - 563 160. 17. VENKATESHAPPA, S/O. CHIKKACHINNAPPA, AGED ABOUT 59 YEARS, R/O. GONIGATTAPURA, SARJAPURA HOBLI, BANGALORE DISTRICT - 562 125. 18. K. RAMACHANDRA, S/O. KRISHNAPPA, AGED ABOUT 68 YEARS, R/O. GONUR VILLAGE, LAKKUR HOBLI, MALUR TALUK - 563 160. 19. VENKATAPPA, S/O. GANGAPPA, AGED ABOUT 58 YEARS, R/O. GONIGATTAPURA, SARJAPURA HOBLI, BANGALORE DISTRICT - 562 125. 20. T. NARAYANAREDDY, S/O RAMAIAH, AGED ABOUT 63 YEARS, R/O RAMAGONDAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE SOUTH TALUK - 560 066. 21. M.V. SRINIVAS, S/O. LATE M. VENKATASWAMY, AGED ABOUT 52 YEARS, R/O MANGAMMANAPALYA, - 6 - NC: 2025:KHC:13239 WP No. 34738 of 2024 BOMMANAHALLI POST, BEGURU HOBLI, BANGALORE SOUTH TALUK, BANGALORE DISTRICT - 560 068. 22. BINDU, D/O. M.V. SRINIVAS, AGED ABOUT 31 YEARS, R/O MANGAMMANAPALYA, BOMMANAHALLI POST, BEGURU HOBLI, BANGALORE SOUTH TALUK, BANGALORE DISTRICT - 560 068. 23. NISARGA, D/O. M.V. SRINIVAS, AGED ABOUT 29 YEARS, R/O MANGAMMANAPALYA, BOMMANAHALLI POST, BEGURU HOBLI, BANGALORE SOUTH TALUK, BANGALORE DISTRICT - 560 068. 24. NIDHI, D/O. M.V. SRINIVAS, AGED ABOUT 20 YEARS, R/O MANGAMMANAPALYA, BOMMANAHALLI POST, BEGURU HOBLI, BANGALORE SOUTH TALUK, BANGALORE DISTRICT - 560 068. 25. SRI. V. RAJENDRA S/O. LATE. M. VENKATASWAMI, - 7 - NC: 2025:KHC:13239 WP No. 34738 of 2024 AGED ABOUT 64 YEARS, R/O MANGAMMANAPALYA, BOMMANAHALLI POST, BEGURU HOBLI, BANGALORE SOUTH TALUK, BANGALORE DISTRICT - 560 068. 26. ASHA D/O. V. RAJENDRA, AGED ABOUT 35 YEARS, R/O MANGAMMANAPALYA, BOMMANAHALLI POST, BEGURU HOBLI, BANGALORE SOUTH TALUK, BANGALORE DISTRICT - 560 068. 27. CHAYA D/O. V. KAJENDRA, AGED ABOUT 33 YEARS, R/O MANGAMMANAPALYA, BOMMANAHALLI POST, BEGURU HOBLI, BANGALORE SOUTH TALUK, BANGALORE DISTRICT - 560 068. 28. DIVYA D/O. V. RAJENDRA, AGED ABOUT 30 YEARS, R/O MANGAMMANAPALYA, BOMMANAHALLI POST, BEGURU HOBLI, BANGALORE SOUTH TALUK, BANGALORE DISTRICT - 560 068. 29. MANISHA, - 8 - NC: 2025:KHC:13239 WP No. 34738 of 2024 D/O. V. RAJENDRA, AGED ABOUT 26 YEARS, R/O MANGAMMANAPALYA, BOMMANAHALLI POST, BEGURU HOBLI, BANGALORE SOUTH TALUK, BANGALORE DISTRICT - 560 068. 30. V. NAGENDRA S/O. LATE. M. VENKATASHAMI, AGED ABOUT 59 YEARS, R/O MANGAMMANAPALYA, BOMMANAHALLI POST, BEGURU HOBLI, BANGALORE SOUTH TALUK, BANGALORE DISTRICT - 560 068. 31. DHANUSH S/O V. NAGAENDRA, AGED ABOUT 31 YEARS, R/O MANGAMMANAPALYA, BOMMANAHALLI POST, BEGURU HOBLI, BANGALORE SOUTH TALUK, BANGALORE DISTRICT - 560 068. 32. ANUSHA D/O. V. NAGENDRA, AGED ABOUT 29 YEARS, R/O MANGAMMANAPALYA, BOMMANAHALLI POST, BEGURU HOBLI, BANGALORE SOUTH TALUK, BANGALORE DISTRICT - 560 068. - 9 - NC: 2025:KHC:13239 WP No. 34738 of 2024 33. SMT. V. ANITHA D/O. LATE. M. VENKATASHA MI, AGED ABOUT 54 YEARS, R/O MANGAMMANAPALYA, BOMMANAHALLI POST, BEGURU HOBLI, BANGALORE SOUTH TALUK, BANGALORE DISTRICT - 560 068. 34. SMT. V. MANJULA D/O. LATE. M. VENKATASHAMI, AGED ABOUT 52 YEARS, R/O MANGAMMANAPALYA, BOMMANAHALLI POST, BEGURU HOBLI, BANGALORE SOUTH TALUK, BANGALORE - 560 068. 35. SMT. PUTTAMMA W/O. LATE. M. VENKATASHAMI, AGED ABOUT 82 YEARS, R/O MANGAMMANAPALYA, BOMMANAHALLI POST, BEGURU HOBLL, BANGALORE SOUTH TALUK, BANGALORE DISTRICT - 560 068. 36. SMT. VENKATALAKSHMAMMA, W/O. M. RAMESH, AGED ABOUT 49 YEARS, R/O ARASANAHALLI VILLAGE, LAKKUR HOBLI, MALUR TALUK, KOLAR DISTRICT - 563 160. 37. SRI. RAKESH - 10 - NC: 2025:KHC:13239 WP No. 34738 of 2024 S/O. M. RAMESH, AGED ABOUT 33 YEARS, R/O ARASANAHALLI VILLAGE, LAKKUR HOBLI, MALUR TALUK, KOLAR DISTRICT - 563 160. 38. LAVANYA D/O. M. RAMESH, AGED ABOUT 31 YEARS, R/O ARASANAHALLI VILLAGE, LAKKUR HOBLI, MALUR TALUK, KOLAR DISTRICT - 563 160. 39. SRI. R. JAYARAMAREDDY, S/O. RAMAREDDY, AGED ABOUT 73 YEARS, DODDAKANNALLI, VATHUR HOBLI, BANGALORE EAST TALUK, BANGALORE DISTRICT - 560 035. 40. SMT. ARATHI D/O. R. JAYARAMA REDDY AGED ABOUT 45 YEARS, DODDAKANNALLI, VATHUR HOBIL, BANGALORE EAST TALUK, BANGALORE DISTRICT - 560 035. 41. SMT. SUGUNA D/O. R. JAYARAMA REDDY, AGED ABOUT 43 YEARS, DODDAKANNALLI, VATHUR HOBLI, BANGALORE EAST TALUK, BANGALORE DISTRICT - 560 035. 42. SRI. RAMESH - 11 - NC: 2025:KHC:13239 WP No. 34738 of 2024 S/O. R. JAYARAMA REDDY, AGED ABOUT 41 YEARS, DODDAKANNALLI, VATHUR HOBLI, BANGALORE EAST TALUK, BANGALORE DISTRICT - 560 035. 43. SRI. BHAVI CHANDRA S/O. R. JAYARAMA REDDY, AGED ABOUT 37 YEARS, DODDAKANNALLI, VATHUR HOBLI, BANGALORE EAST TALUK, BANGALORE DISTRICT - 560 035. 44. SMT. S.B. SHOBHA, W/O. S.M. CHANDRAIAH, AGED ABOUT 64 YEARS, R/O. BANTAHALLI VILLAGE, LAKKUR HOBLI, MALUR TALUK, KOLAR DISTRICT - 563 160. 45. SRI. S.B. RAVI KUMAR, S/O. BHADRA REDDY, AGED ABOUT 60 YEARS, R/O. BRAHMIN STREET, SARJAPURA VILLAGE AND HOBLI, ANEKAL TALUK, BANGALORE DISTRICT - 562 125. …RESPONDENTS (BY SRI. RASHEED KHAN, ADVOCATE FOR R1 TO R3) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER DTD. 02.12.2024 PASSED ON I.A.NO. 46 AND 47 IN O.S.NO. - 12 - NC: 2025:KHC:13239 WP No. 34738 of 2024 687/2011 ON THE FILE OF SENIOR CIVIL JUDGE AT MALUR AS PER ANNX-M AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE C.M. POONACHA ORAL ORDER 1. The present writ petition is filed by defendant No.1 challenging the order dated 02.12.2024 dismissing I.A.Nos.46 and 47 in O.S.No.687/2011 on the file of the Senior Civil Judge, Malur. 2. The respondent Nos.1 to 3 / plaintiffs filed O.S.No.687/2011 for partition and separate possession. The petitioner was arrayed as defendant No.1 in the said suit. Notice of the suit was served on the petitioner / defendant No.1 and she was placed exparte in the suit on 16.01.2012. Subsequently, the petitioner filed I.A.No.46 under Order IX Rule 7 r/w Section 151 of CPC., to set-aside the exparte order and I.A.No.47 seeking permission to file the written statement. The Trial Court - 13 - NC: 2025:KHC:13239 WP No. 34738 of 2024 by the said order dated 02.12.2024 dismissed I.A.Nos.46 and 47 on cost of Rs.500/- each. Being aggrieved, the present writ petition is filed. 3. Heard the submissions of the learned senior counsel Sri.Vigneshwara Shastri appearing along with learned counsel Smt.Aishwarya Hege M.V, for the petitioner and Sri.Rasheed Khan, learned counsel for respondent Nos.1 to 3. 4. The Trial Court while rejecting the applications has held that after many years the defendant No.1 has filed the application to set-aside the exparte order. The defendant No.1 vide the affidavits filed in support of I.A.Nos.46 and 47 has deposed that due to her old age and illiteracy she was unable to engage a counsel and thereafter, she has engaged the counsel and filed the applications. It is submitted that the written statement has been filed along with I.A.No.47. 5. I.A.Nos.46 and 47 have been filed belatedly and the reasons set-forth in the affidavits filed along with the - 14 - NC: 2025:KHC:13239 WP No. 34738 of 2024 applications do not explain the inordinate delay. However having regard to the fact that the suit is one for partition and valuable rights of the parties will have to be adjudicated in the suit, it is just and proper that the defendant No.1 be afforded an opportunity to contest the suit on merits. In view of he same, it is just and proper that the request made by the defendant No.1 vide I.A.Nos.46 and 47 be granted, subject to certain terms. 6. Hence, the following; ORDER (i) The writ petition is allowed. (ii) The order dated 02.12.2024 passed on I.A.Nos.46 and 47 in O.S.No.687/2013 on the file of the Senior Civil Judge, Malur is set-aside. (iii) I.A.Nos.46 and 47 filed in O.S.No.687/2013 are allowed, subject to the petitioner / defendant No.1 paying cost of Rs.5,000/- (Rupees five thousand only) each, to the respondent Nos.1 to 3 / plaintiffs (ie., - 15 - NC: 2025:KHC:13239 WP No. 34738 of 2024 cumulative sum of Rs.15,000/- to the plaintiffs) before the Trial Court, within two weeks from today. (iv) The written statement filed by the defendant No.1 along with I.A.No.46 shall be taken on record by the Trial Court. Consequent to the written statement being taken on record by the Trial Court, it shall conduct further proceedings in the suit in accordance with law. Sd/- (C.M. POONACHA) JUDGE GH List No.: 1 Sl No.: 29 CT: BHK