- 1 - HC-KAR NC: 2025:KHC-D:14839 WP No. 106992 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 106992 OF 2025 (GM-CPC) BETWEEN: 1. SRI. BHAIRU S/O BALAPPA NAIK, AGE: 52 YEARS, OCC: AGRICULTURE, R/O: H.NO. 379, BHAURAVNATH, HONAGA, TAL AND DIST: BELAGAVI-591 113. 2. SRI. PARASHURAM S/O BALAPPA NAIK, AGE: 42 YEARS, OCC: AGRICULTURE, R/O: H.NO. 379, BHAURAVNATH, HONAGA, TAL AND DIST: BELAGAVI-591 113. 3. SHRI. SIDDARAI S/O BALAPPA NAIK, AGE: 50 YEARS OCC: AGRICULTURE, R/O: H.NO.377, BHAIRVNATH ROAD, HONAGA, TAL AND DIST: BELAGAVI-591 113. 4. SHRI. YALLAPPA S/O SIDDAPPA NAIK, AGE: 50 YEARS OCC: AGRICULTURE, R/O: H.NO.19, JOGANHATTI, HONAGA, TAL AND DIST: BELAGAVI-591 113. … PETITIONERS (BY SRI. DINESH M. KULKARNI, ADVOCATE) AND: SMT. NAGGAVVA D/O BHARMA NAIK, AFTER MARRIAGE SMT. SHARAVVA W/O SIDAPPA DHORGALI, SINCE DECEASED BY HER LR’S., 1. BALAVVA W/O BASAPPA SHITIMANI, AGE: 54 YEARS, OCC: HOUSEHOLD, R/O: 652/1, HALEPET GALLI, MARIHAL, TAL AND DIST: BELAGAVI-591 103. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14839 WP No. 106992 of 2025 2. SHRI. BHARMA S/O SIDDAPPA THORGALI, AGE: 52 YEARS, OCC: AGRICULTURE, R/O: 171, KALMESHVAR TEPAL, CHIKALGUDD, POST: HEBBAL, TAL: HUKKERI, DIST: BELAGAVI-591 221. 3. SHRI. IRAPPA S/O SIDDAPPA THORGALI, AGE: 50 YEARS, OCC: PRIVATE SERVICE, R/O: 171, KALMESHVAR TEPAL, CHIKALGUDD, POST: HEBBAL, TAL: HUKKERI, DIST: BELAGAVI-591 221. 4. GANGAVVA D/O BHARMA NAIK, AFTER MARRIAGE KNOWN AS GANGAVVA W/O BASAPPA DHORGALLI, AGE: 63 YEARS, OCC: HOUSE WIFE, R/O: 109, CHIKALGUDDA, TAL: HUKKERI, DIST: BELAGAVI-591 221. 5. SMT. SHIVANAVVA D/O BHARMA NAIK, AFTER MARRIAGE KNOWN AS SHIVANAVVA W/O BASAVANNI NANDI-PATIL, AGE: 60 YEARS, OCC: HOUSE WIFE, R/O: HOUSE NO. 19, AT CHANDUR, POST KHANAGAV KH, TQ. AND DIST: BELAGAVI-590 016. 6. SMT. GOURAVVA D/O BHARMA NAIK, AFTER MARRIAGE KNOWN AS SMT. GOURAVVA W/O BHIMAPPA YADDALGOND, AGE: 58 YEARS, OCC: HOUSE WIFE, R/O: MALLEHOLI, ITBP HALBHAVI ROAD, NEW WANTMURI COLONY, BELAGAVI, TALUKA AND DISTRICT: BELAGAVI-590 017. 7. SMT. GANGAVVA D/O BHARMA NAIK, AFTER MARRIAGE KNOWN AS SMT. GANGAVVA W/O KADAPPA YADDALGOND, AGE: 48 YEARS, OCC: HOUSE WIFE, R/O: MALLEHOLI, ITBP HALBHAVI ROAD, - 3 - HC-KAR NC: 2025:KHC-D:14839 WP No. 106992 of 2025 NEW WANTMURI COLONY BELAGAVI TALUKA AND DISTRICT: BELAGAVI-590 017. SMT. MALLAVVA W/O BHARMA NAIK, SINCE DECEASED BY HER LR’S., 8. SHRI. RAMA S/O BALAPPA NAIK, AGE: 45 YEARS, OCC: AGRICULTURE, R/O. H.NO. 284, JANATA PLOT, HONAGA, TALUKA AND DISTRICT: BELAGAVI-591 113. SHRI. NANA S/O DANAPPA DHUDUM, SINCE DECEASED BY HIS LR’S., 9. SMT. ANJANA S/O NANA DHUDUM, AGE: 70 YEARS, OCC: AGRICULTURE, R/O: BALBIM GALLI, HONAGA, TALUKA AND DISTRICT: BELAGAVI-591 113. 10. SMT. GANGUBAI D/O NANA DHUDUM, AFTER MARRIAGE KNOWN AS SMT. GANGUBAI W/O CHANDRAKANT ANANDACHE, AGE: 52 YEARS, OCC: AGRICULTURE, R/O: KALMESHWAR NAGAR, HONAGA, TALUKA AND DISTRICT: BELAGAVI-591 113. 11. SMT. VIMAL D/O NANA DHUDUM, AFTER MARRIAGE KNOWN AS SMT. VIMAL GANGUBAI W/O BHAIRU PATIL, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: KALMESHWAR GALLI, HONAGA, TALUKA AND DISTRICT: BELAGAVI-591 113. 12. SMT. YAMUNABAI D/O NANA DHUDUM, AFTER MARRIAGE KNOWN AS SMT. YAMUNABAI W/O GANPATI CHATARGADI, AGE: 48 YEARS, OCC: HOUSE WIFE, R/O: H.NO. 412, TANAJI GALLI, HONAGA, TALUKA AND DISTRICT: BELAGAVI-591 113. - 4 - HC-KAR NC: 2025:KHC-D:14839 WP No. 106992 of 2025 13. SHRI. JAYAWANT S/O NANA DHUDUM, AGE: 45 YEARS, OCCU: AGRICULTURE, R/O: BALBIM GALLI, HONAGA, TALUKA AND DISTRICT: BELAGAVI-591 113. 14. SHRI. SANJAY S/O NANA DHUDUM, AGE: 46 YEARS, OCC: AGRICULTURE, R/O: H.NO. 412, TANAJI GALLI, HONAGA, TALUKA AND DISTRICT: BELAGAVI-591 113. 15. SHRI. LAXMAN S/O NANA DHUDUM, AGE: 43 YEARS, OCC: AGRICULTURE, R/O: BALBIM GALLI, HONAGA, TALUKA AND DISTRICT: BELAGAVI-591 113. 16. SMT. AMBIKA W/O ASHOK SHINGE, AGE: 56 YEARS, OCC: HOUSE WIFE, R/O: H.NO. 5, ADARSH COLONY, VISHVESHWRAYYA NAGAR, BELAGAVI, TALUKA AND DISTRICT: BELAGAVI-590 001. SHRI. APPAYYA S/O LAXMAN PATIL, SINCE DECEASED BY HIS LR’S., 17. SHRI. SANDEEP S/O APPAYYA PATIL, AGE: 42 YEARS, OCC: AGRICULTURE, R/O: H.NO. 119, PATIL GALLI, HONAGA, TALUKA AND DISTRICT: BELAGAVI-591 113. 18. SMT. ANITA APPAYYA PATIL, AGE: 40 YEARS, OCC: HOUSEHOLD, R/O: H.NO. 119, PATIL GALLI, HONAGA, TALUKA AND DISTRICT: BELAGAVI-591 113. 19. SHRI. LAV S/O APPAYYA PATIL, AGE: 38 YEARS, OCC: AGRICULTURE, R/O: H.NO. 119, PATIL GALLI, HONAGA, TALUKA AND DISTRICT: BELAGAVI-591 113. 20. SHRI. KUSH S/O APPAYYA PATIL, AGE: 38 YEARS, OCC: AGRICULTURE, R/O: H.NO. 119, PATIL GALLI, HONAGA, - 5 - HC-KAR NC: 2025:KHC-D:14839 WP No. 106992 of 2025 TALUKA AND DISTRICT: BELAGAVI-591 113. 21. SHRI. LAXMAN S/O NINGAPPA PATIL, AGE: 62 YEARS, OCC: AGRICULTURE, R/O: H.NO.119, PATIL GALLI, HONAGA, TALUKA AND DISTRICT: BELAGAVI-591 113. 22. SHRI. SATTYAGOUDA SHATYAPPA CHIVUGOL, AGE: 65 YEARS, OCC: AGRICULTURE, R/O: BHUTARAMANHATTI, TALUKA AND DISTRICT: BELAGAVI-591 156. 23. SHRI. MAHALINGA S/O RAMAPPA BIRANHOL, AGE: 62 YEARS, OCC: SERVICE, R/O: BHUTRAMAN HATTI, TALUKA AND DISTRICT: BELAGAVI-591 156. 24. MISS. SARITA D/O UTTAM MIRAJKAR, AGE: 42 YEARS, OCC: ADVOCATE, R/O: H.NO. 2548, MALI GALLI, BELAGAVI-590 001. 25. SHRI. MARUTI S/O RAMA CHOUGALE, AGE: 50 YEARS, OCC: AGRICULTURE, C/O. SHRI. SATTYAGOUDA SHATYAPPA CHIVUGOL, BHUTRAMAN HATTI, TALUKA AND DISTRICT: BELAGAVI-591 156. 26. SHRI. ADIVEPPA S/O KAREPPA JERLI, AGE: 50 YEARS, OCC: AGRICULTURE, C/O: SHRI. SATTYAGOUDA SHATYAPPA CHIVUGOL, BHUTRAMAN HATTI, TALUKA AND DISTRICT: BELAGAVI-591 156. 27. SHRI. LAXAMAN S/O SHATTU KADEMANI, AGE: 62 YEARS, OCC: AGRICULTURE, R/O: H.NO. 254, MAIN ROAD BOMBARGA, TALUKA AND DISTRICT: BELAGAVI-591 143. 28. SHRI. YALLAPPA S/O NANA CHAVAN, AGE: 48 YEARS, OCC: AGRICULTURE, R/O: CTS NO.4154/A, PLOT NO. 12, - 6 - HC-KAR NC: 2025:KHC-D:14839 WP No. 106992 of 2025 M.R. ROAD, BELAGAVI-590 001. 29. SHRI. BANASHI S/O BHALACHANDRA SHEVADE, AGE: 55 YEARS, OCC: AGRICULTURE, C/O: SHRI. SATTYAGOUDA SHATYAPPA CHIVUGOL, BHUTRAMAN HATTI, TALUKA AND DISTRICT: BELAGAVI-591 156. 30. SHRI. AHSOK S/O SHIPUTRAPPA HUKKERI, AGE: 58 YEARS, OCC: AGRICULTURE, C/O: SHRI. SATTYAGOUDA SHATYAPPA CHIVUGOL, BHUTRAMAN HATTI, TALUKA AND DISTRICT: BELAGAVI-591 156. 31. SHRI. DNYANESHWAR S/O BHAGUJAI GUNJAL, AGE: 59 YEARS, OCC: AGRICULTURE, R/O: KAKATI, BELAGAVI-591 113. 32. SHRI. PANDARINATH S/O BHAGUJAI GUNJAL, AGE: 56 YEARS, OCC: AGRICULTURE, R/O: KAKATI, BELAGAVI-591 113. 33. SHRI. RAMA S/O APPANNA PATIL, AGE: 80 YEARS, OCC: AGRICULTURE, R/O: H.NO. 2889, BHAIR GALLI, B.K. KANGRALI, BELAGAVI-590 010. 34. SHRI. SHANKAR S/O SIDDARAYA KADOLKAR, AGE: 60 YEARS, OCC: BUSINESS AND ESTATE AGENCY, R/O: H.NO. 2136, BHAVKAI GALLI, KAKATI, TALUKA AND DISTRICT: BELAGAVI-591 113. 35. SMT. SHIVANI W/O SHANKAR KADOLKAR, AGE: 42 YEARS, OCC: HOUSE WIFE, R/O: H.NO. 2136, BHAVKAI GALLI, KAKATI, TALUKA AND DISTRICT: BELAGAVI-591 113. 36. SHRI. NARAYN S/O KALLAPPA KANGRLAKAR, AGE: 62 YEARS, OCC: AGRICULTURE, - 7 - HC-KAR NC: 2025:KHC-D:14839 WP No. 106992 of 2025 R/O: HONAGA, TALUKA AND DISTRICT BELAGAVI-591 113. 37. SHRI. ANIL PUNDALIK KAREKAR, AGE: 56 YEARS, OCC: SERVICE, R/O: 236/1, TAHASILDAR GALLI, BELAGAVI, TALUKA AND DISTRICT: BELAGAVI-590 001. 38. SHRI. SPECIAL LAND ACQUISITION OFFICER, BELGAUM-MAHARASHTRA BORDER SECTION, NH-4, DHARA MAHAL, 5TH CROSS, U B HILL, DHARWAD-580 007. 39. SHRI. PARASHURAM S/O SIDRAM @ SIDRAI NAIK, AGE: 38 YEARS, OCC: AGRICULTURE, R/O: TANAJI GALLI, HONAGA VILLAGE, TALUKA AND DISTRICT: BELAGAVI-591 113. 40. SHRI. DATTA S/O RAMA PATIL, AGE: 36 YEARS, OCC: AGRICULTURE, R/O: KANGALI, TALUKA AND DISTRICT: BELAGAVI-590 010. 41. SHRI. PANDURANG S/O RAMA PATIL, AGE: 44 YEARS, OCC: AGRICULTURE, R/O: KANGALI, TALUKA AND DISTRICT: BELAGAVI-590 010. … RESPONDENTS (BY SMT. CHETANA S. BIRAJ, ADVOCATE FOR R5; SRI. PRAVEEN K. UPPAR, AGA FOR R38) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH IMPUGNED ORDER DATED 28.08.2025 PASSED BY I ADDL. SENIOR CIVIL JUDGE AND CJM BELAGAVI, IN O.S. NO.190/2015 VIDE ANNEXURE-E AS NULL AND VOID AND DIRECT TO THE COURT TO ACCEPT THE WRITTEN STATEMENT FILLED BY THE PETITIONERS. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 8 - HC-KAR NC: 2025:KHC-D:14839 WP No. 106992 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioners and the learned counsel appearing for caveator/respondent No.5. 2. This petition is filed assailing the order dated 28.08.2025 passed by I Additional Senior Civil Judge, Belagavi, in O.S.No.190/2015 rejecting the petitioners’ application to file written statement after lapse of 9 years. 3. Defendants No.3 to 6 are the petitioners before this Court. 4. The suit is filed in O.S.No.190/2015. The defendants appeared in the suit. However, they did not file written statement. When the case is posted for arguments on merits, defendants No.3 to 6 filed written statement. Along with the written statement, they filed an application for condonation of delay. 5. In the application, they contended that they were collecting the documents to support the defence which they intended to take up and for this reason, there was a delay. - 9 - HC-KAR NC: 2025:KHC-D:14839 WP No. 106992 of 2025 6. It is also noticed that the petitioners in Para No.3 of the affidavit seeking permission to file written statement made a statement that there was an attempt to settle the dispute as the plaintiffs are close relatives of the defendants. However, the Trial Court rejected the application on the premise that there is an inordinate delay of 9 years in file written statement is not properly explained. 7. Learned counsel for the petitioner fairly submits that the application filed by the remaining defendants seeking permission to file written statement is rejected by the Trial Court and said order is confirmed by this Court in W.P.No.106952/2025. 8. It is noticed from the said order that this Court has not permitted the petitioners in the aforementioned petition to file written statement after 9 years. It is also forthcoming that the petitioners in the said writ petition are the purchasers from the present petitioners. 9. Learned counsel for the petitioners would urge that the petitioners have an obligation to ensure that the purchasers - 10 - HC-KAR NC: 2025:KHC-D:14839 WP No. 106992 of 2025 acquired a valid title under the conveyance made by the petitioners. In case the petitioners are not permitted to file the written statement, the petitioners will be put to irreparable loss and injury and further it may lead to multiplicity of litigation as the purchasers may sue the petitioners on account of the decree being passed in favour of the plaintiffs for want of proper contest. 10. Learned counsel appearing for the plaintiffs would urge that absolutely no reasons are forthcoming to allow the application to condone the delay of 9 years in filing the written statement. Having appeared before the Court, petitioners have consistently taken time and not filed written statement and the application is filed only with the malafide intention of delaying the suit which is the suit for declaration, partition and separate possession. 11. This Court has considered the contentions raised at the Bar and perused the records. - 11 - HC-KAR NC: 2025:KHC-D:14839 WP No. 106992 of 2025 12. Admittedly, the petitioners in W.P.No.106952/2025 are not the family members. They claim to be the purchasers from some of the defendants. 13. It is noticed that the present petitioners are the relatives. It is also forthcoming from the records that there was an attempt to settle the dispute between the plaintiffs and defendant No.22. 14. It is also noticed that the petitioners have objected to the proposed settlement between the plaintiffs and defendant No.22. 15. The dispute is relating to immovable properties where the defendants raised a contention of alienation for justification of his family necessity. 16. It is also noticed from the written statement filed by the petitioners that the petitioners are conceding certain facts pleaded by the plaintiffs. For certain properties, the petitioners contend that they are the self-acquired properties. - 12 - HC-KAR NC: 2025:KHC-D:14839 WP No. 106992 of 2025 17. This Court is of the view that, the petitioners have an obligation to ensure that the purchasers have acquired valid title over the properties conveyed. Since the written statement filed by the purchasers is not accepted, there will not be an effective contest. 18. It is also noticed that the plaintiffs have taken sufficient time before the Trial Court without pleading evidence though there was no written statement. 19. In the facts of the present case, written statement has to be considered on merits rather than a decree on account of default of defendants not filing the written statement in time. If there is a conflict between the procedural lapse (of not filing written statement in time) and the plea to hear the case on merits by accepting written statement, to advance the cause of justice, the Court may in appropriate cases permit the written statement to be filed even after the prescribed period. Since there is sale of the property by the petitioners and now they seek to justify the sale in favour of purchasers whose written statements are rejected by the Trial Court as well as by this - 13 - HC-KAR NC: 2025:KHC-D:14839 WP No. 106992 of 2025 Court, the Court would permit the petitioners to file written statement and to contest the matter on merits. 20. For the aforementioned reasons in the interest of justice and considering the peculiar facts of the case, the application for written statement filed 9 years after the institution of suit has to be allowed, on terms. 21. It is noticed that because of the inaction on the part of the defendants No.3 to 6, the plaintiffs are put to hardship and inconvenience. Plaintiffs have already led the evidence. The case is ripe for arguments on merit. Now the case has to be reopened and there has to be fresh evidence and to compensate the hardship and inconvenience caused to the plaintiffs, defendants No.3 to 6/petitioners shall have to pay cost of ₹50,000/- in all to the plaintiffs. 22. Payment of cost is a condition precedent and cost shall be paid within 15 days from today. 23. Because of the defendants inaction for 9 years, the hearing of the suit has delayed and as a result, this Court is also of the view that in case the plaintiffs succeed in the suit, the - 14 - HC-KAR NC: 2025:KHC-D:14839 WP No. 106992 of 2025 plaintiff should also be awarded cost which shall not be less than ₹50,000/-. 24. With these observations, the following: ORDER i. The writ petition is allowed. ii. Impugned order dated 28.08.2025 passed in O.S.No.190/2015 by the I Additional Senior Civil Judge, Belagavi is set aside. iii. The defendants are permitted to file written statement subject to payment of cost of ₹50,000/. iv. The Trial court shall accept the said written statement. v. It is made clear that this Court has not expressed anything on the merits of the matter. vi. Both parties shall co-operate for early disposal. vii. It is made clear that the defendants shall not seek adjournment unnecessarily as on account of inaction of the part of the defendants, hearing of the disposal is already delayed. - 15 - HC-KAR NC: 2025:KHC-D:14839 WP No. 106992 of 2025 viii. It is needless to say that the plaintiffs are permitted to file rejoinder to the written statement, if any required. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT:BCK LIST NO.: 1 SL NO.: 11