- 1 - NC: 2025:KHC:8367 WP No. 1256 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 1256 OF 2025 (GM-CPC) BETWEEN: SRI M KRISHNE GOWDA AGED ABOUT 78 YEARS S/O LATE PATEL MARKANDE GOWDA R/AT MRKANDAPURA VILLAGE VOKKALERI HOBLI,KOLAR TALUK KOLAR DISTRICT-563103. …PETITIONER (BY SRI. RAMA BHAT K.,ADVOCATE) AND: SRI RAGHU B NARAYAN S/O LATE NARAYAN AGED ABOUT 46 YEARS R/AT NO. 75, 4TH N BLOCK B CROSS, OPP POST OFFICE RAJAJINAGARA,BENGALURU-560 010 …RESPONDENT (BY SRI.BHANU PRASAD., ADVOCATE FOR C/R) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION AND THEREBY SET-ASIDE THE IMPUGNED ORDER DATED: 17.12.2024 ON I.A.NO. 25 IN O.S.NO. 276/2017 ON THE FILE OF THE HONBLE III ADDL. SENIOR CIVIL JUDGE AND JMFC AT KOLAR VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8367 WP No. 1256 of 2025 ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner-defendant challenging the order dated 17.12.2024 passed by the II Additional Senior Civil Judge & JMFC, Kolar, on I.A.No.25 filed by the plaintiffs under Section 151 of CPC in O.S.No.276/2017, whereby the Trial Court has allowed the said application. 2. The plaintiffs filed a suit for partition and separate possession. After the issuance of suit summons, the defendant appeared through counsel and filed a written statement, along with a counterclaim. Subsequently, the plaintiff No.2 filed an application seeking permission to file a rejoinder to the counterclaim filed by the defendant on 24.04.2018. The trial Court, by order dated 24.04.2018, allowed the application, imposing a cost of Rs.200/-. Since the rejoinder filed by the plaintiff was not recorded in the order sheet as it was taken on record, the plaintiff filed I.A No.25 under Section 151 of the CPC, seeking for filing of - 3 - NC: 2025:KHC:8367 WP No. 1256 of 2025 rejoinder to the counterclaim set up by the defendant in the written statement. The trial Court, by impugned order dated 17.12.2024, allowed the application and imposed the cost of Rs.500/-. Being aggrieved by the said order, the present petition is filed. 3. Learned counsel for the petitioner-defendant has contended that, after the application filed by the plaintiff was allowed with a cost of Rs.200/- by order dated 24.04.2018, the plaintiff produced the rejoinder along with the memo by obtaining a certified copy of the same from the original records of the trial Court. He contended that since the earlier rejoinder filed by the plaintiff is already on record, it cannot be permitted to file a second rejoinder to the same counterclaim. Hence, he sought for allowing the petition. 4. Learned counsel appearing for the respondent/plaintiff has contended that since the order sheet does not mention that the rejoinder filed by the - 4 - NC: 2025:KHC:8367 WP No. 1256 of 2025 plaintiff was taken on record, the plaintiff has filed another application seeking permission to file another rejoinder. The memo filed by the petitioner-defendant before this Court, enclosing the certified copy of the rejoinder filed by the plaintiff on 24.04.2018, has been produced before this Court. Since the same is not noted in the order sheet, the rejoinder filed by the plaintiff on 24.04.2018 should be taken on record, as the same has not been disputed by the petitioner herein. 5. In view of the above, the subsequent application i.e. I.A.No.25 filed by plaintiff No.2 for permission to file the fresh rejoinder will not arise and the order passed on that application by the trial Court requires to be set aside. Accordingly, the following order is passed: ORDER a) The writ petition is allowed. b) The order dated 17.12.2024 passed by the III Additional Senior Civil Judge & JMFC, Kolar, on - 5 - NC: 2025:KHC:8367 WP No. 1256 of 2025 I.A.No.25 filed under Section 151 of CPC in O.S.No.276/2017, is hereby set aside. c) The rejoinder filed by the plaintiff on 24.04.2018, which is already on record, shall be treated as the rejoinder to defendant’s counter claim. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 14