- 1 - HC-KAR NC: 2025:KHC-D:13230 WP No. 105279 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105279 OF 2025 (GM-CPC) BETWEEN: SHIVAPUTRAPPA S/O. BASAVANTAPPA KULKARNI, AGE: 50 YEARS, OCC. AGRICULTURE, R/O. BHOGANUR, TQ. NAVALGUND, DIST. DHARWAD. …PETITIONER (BY SRI. SHARAD V. MAGADUM, ADVOCATE) AND: 1. KASTURAVVA W/O. BASAVANTAPPA KULKARNI, AGE: 69 YEARS, OCC. AGRICULTURE., R/O. KALAWAD, TQ. NAVALGUND, DIST. DHARWAD-582208. 2. SUNANDA W/O. SHIVAPPA KAMAT, AGE: 48 YEARS, OCC. AGRICULTURE, R/O. DHARWAD, NOW AT KALAWAD, TQ. NAVALGUND, DIST. DHARWAD-582208. 3. VENKAPPA BASAVANTAPPA KULKARNI AGE: 46 YEARS, OCC. AGRICULTURE, R/O. KALAWAD, TQ. NAVALGUND, DIST. DHARWAD-582208. 4. SHARANAPPA S/O. PARAPPA KULKARNI, AGE: 50 YEARS, OCC. AGRICULTURE, R/O. BHOGANUR, TQ. NAVALGUND, DIST. DHARWAD-582208. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13230 WP No. 105279 of 2025 5. GADIGEPPA S/O. PARAPA KULKARNI, AGE: 42 YEARS, OCC. AGRICULTURE, R/O. BHOGANUR, TQ. NAVALGUND, DIST. DHARWAD-582208. …RESPONDENTS (BY SRI. SANTOSH B. MALLIGAWAD, ADVOCATE FOR R1 TO R3; R4 AND R5 IS NOTICE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I) ISSUE WRIT IN THE NATURE OF CERTIORARI AND QUASH THE IMPUGNED ORDER DATED 25/6/2025 PASSED ON IA NO.4 BY THE CIVIL JUDGE AND JMFC NAVALGUND IN O.S.NO.103/23 VIDE ANNEXURE-G AND FURTHER ALLOW THE IA NO.4 AND ETC. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i. Issue writ in the nature of certiorari and quash the impugned order dated 25/6/2025 passed on I.A.No.4 by the Civil Judge and JMFC Navalgund in O.S.No.103/23 vide Annexure-G and further allow the IA No.4. ii. Issue any other writ or direction as deem fit by this Hon’ble Court in the interest of justice and equity. 2. A suit for an easementary right having been filed, an easementary right by prescription or necessity has - 3 - HC-KAR NC: 2025:KHC-D:13230 WP No. 105279 of 2025 been claimed by respondents Nos . 1 to 3. The petitioner was defendant No.3 therein. The plaintiffs’ witnesses have been examined. Defendants Nos . 1 and 2 having been placed ex parte, the petitioner, who was defendant No.3, had not filed his written statement, but filed an application subsequently to take his written statement on record. The same was rejected by the trial Court. On account of plaintiffs’ evidence having been closed, defendants’ evidence has been taken as nil and on account of no written statement having been filed, the matter has been posted for judgment. 3. I am of the considered opinion that, when defendant Nos.1 and 2 have been placed ex-parte, the only contesting defendant being defendant No.3, who has approached the Court with an intention to file the written statement, and along with the application the written statement having been enclosed, an - 4 - HC-KAR NC: 2025:KHC-D:13230 WP No. 105279 of 2025 opportunity ought to have been given to defendant No.3 by taking the said written statement on record. 4. Hence, I find the order rejecting the written statement to be improper. As such, I pass the following: ORDER i. The petition is allowed. ii. A writ of certiorari is issued, the order dated 25.06.2025 passed on I.A.No.4 by the Civil Judge in JMFC, Navalgund, in O.S.No.103/2023 at Annexure-G is set aside. iii. Consequently, I.A.No.4 is allowed. The written statement filed by defendant No.3 is taken on record. The trial Court is directed to proceed therefrom in accordance with law. iv. The submission of both the counsel that they will co-operate with the trial Court for expeditious disposal is placed on record. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT:PA List No.: 1 Sl No.: 7