- 1 - NC: 2025:KHC-D:6139 WP No. 111949 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 111949 OF 2019 (GM-CPC) BETWEEN: RUDRAPPA SHEKAPPA NANDIHALLI, AGE: 29 YEARS, OCC: AGRICULTURIST, R/O: KADARAMANDALAGI-581 136, TQ: BYADGI, DIST: HAVERI. … PETITIONER (BY SRI. S.N. BANAKAR, ADVOCATE) AND: 1. SRI. IRAPPA @ VEERAPPA S/O HOLIBASAPPA NANDIHALLI, AGE: 45 YEARS, OCC: AGRICULTURIST, R/O: KADARAMANDALAGI-581 136, TQ: BYADGI, DIST: HAVERI. 2. SRI. NAGAPPA S/O SHEKHAPPA DODDAUJJAMMANAVAR, AGE: 45 YEARS, OCC: AGRICULTURIST, R/O: KADARAMANDALAGI-581 136, TQ: BYADGI, DIST: HAVERI. … RESPONDENTS (SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:6139 WP No. 111949 of 2019 THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.S.N.Banakar., counsel for the petitioner has appeared in person. Notice to the respondents was ordered on 07.08.2019. A perusal of the office note depicts that the respondents are served and unrepresented. The respondents have neither engaged the services of an advocate nor conducted the case as the party in persons. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated 20.04.2019 passed by the Civil Judge and JMFC, Byadagi on I.A. No.24 in O.S. No.109/2014 vide Annexure-F and allow the I.A. No.24 filed vide Annexure-D. 3. Counsel for the petitioner has urged several contentions and perused the Writ papers with utmost care. 4. Suffice it to note that the plaintiff filed a suit for permanent injunction in O.S.No.109/2014. In 2018, the defendants filed an application in I.A.No.24 under Section 151 - 3 - NC: 2025:KHC-D:6139 WP No. 111949 of 2019 of CPC seeking permission to condone the delay and permit them to submit the written statement. The Trial Court declined to accord the request solely on the ground that there is an inordinate delay in submitting the written statement. This is unsustainable in law. The reason is apparent. The Supreme Court has ruled that the 90 days time limit for filing the written statement under order VIII Rule 1 of the Code of Civil Procedure (CPC) in civil suits is directory, not mandatory. This means it’s a guideline rather than a strict deadline, allowing Courts discretion to grant extensions. In the present case, the defendants have convincingly shown that failure to file a written statement was beyond their control. In the circumstances, the order passed by the Trial Court in rejecting the application is liable to be quashed. This Court deems it proper to permit the defendants to file a written statement within three months from the receipt of certified copy of this order. The Trial Court is directed to accept the written statement subject to petitioner depositing cost of Rs.2,000/- (Rupees Two Thousand only) payable to the Taluk Legal Services Committee, Byadgi. - 4 - NC: 2025:KHC-D:6139 WP No. 111949 of 2019 5. The result is that the Writ Petition will be allowed. The Writ of Certiorari is ordered. The order dated 20.04.2019 passed by the Civil Judge and JMFC, Byadagi on I.A. No.24 in O.S.No.109/2014 vide Annexure-F is quashed. 6. Resultantly, the Writ Petition is allowed. Sd/- (JYOTI MULIMANI) JUDGE MRP,RH LIST NO.: 3 SL NO.: 5