- 1 - HC-KAR NC: 2025:KHC:48507 WP No. 4314 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 4314 OF 2021 (GM-CPC) BETWEEN: 1. SMT JANAKI, W/O LATE MAREGOWDA, AGED ABOUT 62 YEARS, R/O KENCHANAPURA VILLAGE KUDUR HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT. AND ALSO AT NO.1147A, 18TH B MAIN, 5TH BLOCK, RAJAJINAGAR, BENGALURU - 560 010. (SENIOR CITIZEN SHIP BENEFIT NOT CLAIMED) REPRESENTED BY HER GPA HOLDER SMT BHARATHI, W/O DR RAGHUNATH J, AGED ABOUT 49 YEARS, R/O 'RAGHU MANSION', BRAHMIN'S STREET, IST BLOCK, KUDUR VILLAGE, KUDUR HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 159. &PETITIONER (BY SRI.G.M.SREENIVASA., ADVOCATE) AND: 1. SRI GANGANNA C, Digitally signed by KAVYA R Location: High court of Karnataka - 2 - HC-KAR NC: 2025:KHC:48507 WP No. 4314 of 2021 S/O LATE CHANNAMARAIAH, AGED ABOUT 65 YEARS, R/O KENCHANAPURA VILLAGE, KUDUR HOBLI, MAGAI TALUK, RAMANAGARA DISTRICT - 562 159. &RESPONDENT (BY SRI.NARAYANA L., ADVOCATE) THIS W.P IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER PASSED BY II ADDL.CIVIL JUDGE AND JMFC MAGADI, RAMANAGARA DISTRICT DATED 04-07-2020 ON I.A NO.6 FILED BY THE PETITIONER IN O.S NO.40/2018 AS PER ANNEXURE A AND CONSEQUENTLY ALLOW THE APPLICATION FILED BY THE PETITIONER UNDER ORDER 3 RULE 2 OF CPC BEFORE THE TRAIL COURT AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Defendant is before this Court with a prayer to set aside the order dated 04.07.2020 passed on I.A.No.6 in O.S.No.40/2018 by the Court of II Additional Civil Judge and JMFC Magadi, Ramanagara District. 2. Heard the learned counsel for the parties. 3. Respondent herein has filed O.S.No.40/2018 before the Jurisdictional Civil Court at Magadi seeking the - 3 - HC-KAR NC: 2025:KHC:48507 WP No. 4314 of 2021 relief of partition and separate possession of the suit schedule property. In the said suit the petitioner who is the sole defendant was placed ex-parte. Subsequently, one Smt.Bharathi who allegedly is the GPA holder of defendant filed I.A.No.5 under Order 9 Rule 7 of CPC and I.A.No.6 under Order 3 Rule 1 of CPC. The Trial Court vide the order impugned, having regard to the objections raised by the plaintiff to consider I.A.Nos.5 and 6 has directed the defendant to appear before the Trial Court on a given date in person and has observed that I.A.Nos.5 and 6 will be considered thereafter. Aggrieved by the said order the defendant is before this Court. 4. Learned Counsel for the petitioner submits that petitioner had some difficulty to appear before the Trial Court earlier and on the next date of hearing before the Trial Court that is on 17.01.2026, the petitioner shall personally appear before the Trial Court. He submits that the Trial Court may be directed to consider I.A.Nos.5 and - 4 - HC-KAR NC: 2025:KHC:48507 WP No. 4314 of 2021 6 after the petitioner appears before the Trial Court in person. 5. Submission made on behalf of the petitioner is placed on record. 6. Accordingly, the writ petition is dismissed directing the petitioner to appear in person before the Trial Court on the next date of hearing, that is on 17.01.2026 and in the event petitioner appears before the Trial Court on the next date of hearing, thereafter the Trial Court shall consider I.A.Nos.5 and 6 and dispose of the same on its merits. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 7