- 1 - HC-KAR NC: 2025:KHC:50927 WP No. 3605 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 3605 OF 2021 (GM-CPC) BETWEEN: 1. SRI J SANDHYAGAPPA S/O JOSEPH @ JOJAPPA, AGED ABOUT 67 YEARS, 2. SRI JOSEPH SANDHYAGO S/O J SANDHYAGAPPA, AGED ABOUT 38YEARS, 3. SRI JAMES SANDHYAGO S/OJ SANDHYAGAPPA, AGED ABOUT 40 YEARS, THE PETITIONER NO.1 IS REPRESENTED THROUGH HIS GPA HOLDER THE PETITIONER NO.3 HEREIN RESIDING AT NO.6, OPPOSITE TO ST. RACK CHURCH, CHURCH STREET 1ST CROSS, AMRITH NAGAR, KALYANA NAGAR POST, CHELLIKERE, BENGALURU - 560043. …PETITIONERS (BY SRI. MURALI BABU M, ADVOCATE) AND: 1. SMT. SUSAMMA SAMUEL W/O.SAMUEL THOMAS, AGED ABOUT 67 YEARS, R/AT NO.30(OLD NO.1686) HRBR LAYOT, 5TH MAIN, BETHEL STREET 2ND BLOCK, BENGALURU-560043. Digitally signed by S NOORUNNISABEGUM Location: HIGH COURT OF KARNATAKA, BENGALURU - 2 - HC-KAR NC: 2025:KHC:50927 WP No. 3605 of 2021 2. MR. VINNY THOMAS ALEX S/O MR. ALEX JACOB, AGED ABOUT 4 YEARS, R/AT NO.33, 3 C CROSS, HRBR LAYOUT 2ND BLOCK, KALYANAGAR, BANGALORE - 43. 3. MISS NEETHA MARY ALEX D/O ALEX JACOB, AGED ABOUT 49 YEARS, R/AT NO.355, 6TH MAIN, 2ND CROSS, SADANANDANAGAR, BANGALORE - 560 038. …RESPONDENTS (BY SRI. DIVAKARA P.S, ADVOCATE) ----- THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD.29.1.2021 PASSED BY THE XXVII ADDITIONAL CITY CIVIL JUDGE (CCH-9) BENGALURU ON IA UNDER SECTION 151 OF THE CPC IN O.S.NO.4558/2019 (ANNXURE-E) AND ALLOW THE IA AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU - 3 - HC-KAR NC: 2025:KHC:50927 WP No. 3605 of 2021 ORAL ORDER 1. The present petition has been filed by the petitioner/defendant seeking to challenge the Order dated 29.01.2021 passed by the XXVII Additional City Civil Judge, Bengaluru, which dismissed an application filed under Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") in O.S.No.4558/2019 seeking permission to file written statement. 2. This Court by its order dated 22.02.2021 stayed the proceedings in the aforesaid suit, subject to petitioner/defendant depositing Rs.3,000/- in the Registry. 3. Learned counsel for the petitioner submits, on instructions, that, he has already deposited the cost imposed by this Court and that, he is willing to deposit Rs.2,000/- more as costs if an opportunity is given to him to contest the suit. 4. Learned counsel for the respondent/plaintiff submits that, he has no objection subject to the respondent being permitted to withdraw the entire costs deposited. 5. The writ petition is accordingly allowed. The impugned order is set aside. The Trial Court is directed to take the written - 4 - HC-KAR NC: 2025:KHC:50927 WP No. 3605 of 2021 statement filed by the petitioner/defendant on record. The respondent/plaintiff is permitted to file its replication within four weeks from today. The petition is disposed of in the foregoing terms. Sd/- (TARA VITASTA GANJU) JUDGE rs List No.: 1 Sl No.: 20