- 1 - HC-KAR NC: 2025:KHC-D:17041 WP No. 103360 of 2018 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 103360 OF 2018 (GM-CPC) BETWEEN: SHRI. SURESH LAXMAN ALASE, AGE: 41 YEARS, OCC: AGRICULTURE, R/O: HOSATTI-591 304, TQ: ATHANI, DIST: BELAGAVI. & PETITIONER (BY SRI. H.R. DESHPANDE, ADVOCATE) AND: 1. SMT. JAYASHREE W/O MARUTI KIRANAGI, AGE: 51 YEARS, OCC: AGRICULTURE, R/O: SHIVANUR-591 232, TQ: ATHANI, DIST: BELAGAVI. 2. SMT. BHARATI W/O HANAMANT AJURE, AGE: 41 YEARS, OCC: AGRICULTURE, R/O: SHIVANUR-591 232, TQ: ATHANI, DIST: BELAGAVI. 3. SHRI. JAKKAPPA APPANNA GADADE, AGE: 76 YEARS, OCC: AGRICULTURE, R/O: AGRANI INGALGAON-591 232, TQ: ATHANI, DIST: BELAGAVI. 4. SHRI. BAHUSAHEB JAKKAPPA GADADE, AGE: 39 YEARS, OCC: AGRICULTURE, CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:17041 WP No. 103360 of 2018 R/O: AGRANI-INGALGAON-591 232, TQ: ATHANI, DIST: BELAGAVI. 5. SHRI. SUBHASH JAKKAPPA GADADE, AGE: 36 YEARS, OCC: AGRICULTURE, R/O: AGRANI INGALGAON-591 232, TQ: ATHANI, DIST: BELAGAVI. 6. SMT. CHANGONA W/O SATTEPPA AJURE, AGE: 71 YEARS, OCC: AGRICULTURE, R/O: SHIVANUR-591 232, TQ: ATHANI, DIST: BELAGAVI. 7. SMT. CHANDRAVVA W/O PARAPPA NAROTE, AGE: 66 YEARS, OCC: AGRICULTURE, R/O: CHANDRAPPANWADI-591 212, TQ: ATHANI, DIST: BELAGAVI. & RESPONDENTS (BY SRI. A.R. PATIL, ADVOCATE FOR R1 AND R2; NOTICE TO R3, R6 AND R7 IS SERVED; NOTICE TO R4 IS HELD SUFFICIENT; NOTICE TO R5 IS DISMISSED AS ABATED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION QUASHING THE ORDER DATED 27.04.2018 PASSED BY THE III ADDITIONAL CIVIL JUDGE AND JMFC, ATHANI ON IA NO.7 IN O.S. NO.54/2012 PRODUCED AT ANNEXURE-"E" AND ETC. THIS PETITION COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:17041 WP No. 103360 of 2018 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. 2. This petition is filed assailing the order dated 27.04.2018 passed on I.A.No.VII in O.S.No.54/2012 on the file of III Additional Civil Judge, Athani1. 3. The Trial Court rejected the said application filed by the petitioner/defendant No.7 under Order VIII Rule 9 read with Section 151 of the Code of Civil Procedure, 19082, seeking permission of the Court to file written statement. 4. The suit was filed in the year 2012. The petitioner remained ex-parte before the Trial Court. In 2018, the petitioner filed an application under Order IX Rule 7 read with Section 151 of the Code. The same came to be allowed, and the order placing defendant No.7/peititoner 1 For short, 8Trial Court9 2 For short, 8Code9 - 4 - HC-KAR NC: 2025:KHC-D:17041 WP No. 103360 of 2018 ex-parte was set aside. However, the petitioner did not file written statement along with that application. 5. Subsequently, in the year 2018, he filed another application seeking permission of the Court to file written statement. It is stated that the petitioner is a purchaser from one of the defendants in the suit. It is noticed that the petitioner was placed ex-parte in the year 2013. Though the application was filed under Order IX Rule 7 of the Code, no application was filed seeking permission to file written statement. Under these circumstances, the Trial Court has rejected the application. 6. Learned counsel for the respondents would submit that the mandate of the Code of Civil Procedure, 1908, to file written statement within 90 days is not complied, and the Trial Court is justified in rejecting the application. 7. The Court has considered the contentions raised at the Bar and perused the records. - 5 - HC-KAR NC: 2025:KHC-D:17041 WP No. 103360 of 2018 8. Since it is contented that the present petitioner has purchased the property during the pendency of the suit, it is quite possible that the vendor may not contest the suit effectively, in which event the petitioner will be put to hardship. 9. Under these circumstances, the impugned order is set aside, in order to do complete justice to the parties, subject to the condition that the petitioner shall pay a sum of ¹25,000/- as costs to the plaintiffs on the next date of hearing. 10. Hence, the following: ORDER a) The writ petition is allowed. b) The order dated 27.04.2018 passed on I.A.No.VII in O.S.No.54/2012 on the file of III Additional Civil Judge, Athani, is set aside. - 6 - HC-KAR NC: 2025:KHC-D:17041 WP No. 103360 of 2018 c) It is also made clear that the petitioner shall cooperate for early disposal of the suit as the omission and inaction on the part of the petitioner has caused delay in hearing the suit. d) The petitioner is permitted to file written statement subject to payment of cost of ¹25,000/- to the plaintiffs by the next date of hearing. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 56