- 1 - HC-KAR NC: 2025:KHC:34010 WP No. 23280 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 23280 OF 2025 (GM-CPC) BETWEEN: VINOD KANJI SHAH, S/O LATE MR. KANJIDEVSHI SHAH, AGED ABOUT 78 YEARS, RESIDING AT NO. 7, KUNAL BUILDING, PIPE LINE ROAD, SESHADRIPURAM, BENGALURU – 560 020. REPRESENTED BY HIS GPA HOLDER ALKESH VINOD SHAH. …PETITIONER (BY SRI. SRINTHAN HAMPI, ADVOCATE) AND: 1. BHANU V SHAH, W/O VINOD K. SHAH, AGED ABOUT 62 YEARS, RESIDING AT NO. 7, KUNAL, GROUND FLOOR, UPPER PIPELINE ROAD, KUMARA PARK WEST, SESHADRIPURAM, BENGALURU – 560 020. Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34010 WP No. 23280 of 2025 2. NITIN KANJI SHAH, S/O LATE KANJIDEVSHI SHAH, AGED ABOUT 56 YEARS, RESIDING AT NO. 7, KUNAL BUILDING, UPPER PIPELINE ROAD, SESHADRIPURAM, BENGALURU – 560 020. …RESPONDENTS (BY MISS. KARISHMA NAGHNOOR AND SRI. SUHAS M.S., ADVOCATE FOR R1; SRI. MAHESH S., ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD. 18.06.2025 (ANNEXURE-A) PASSED BY THE XXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH- 30), AT BENGALURU ON I.A.NO.6 IN OS 1277/2018 AND CONSEQUENTLY ALLOW I.A.NO. 6 (ANNEXURE-C) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:34010 WP No. 23280 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayers: "(i) Set aside the order dated 18/06/2025 (ANNEXURE-A) passed by the XXIX Additional City Civil and Sessions Judge (CCH-30), at Bengaluru on I.A.No.6 in OS 1277/2018 and consequently allow I.A. No.6 (ANNEXURE-C). (ii) Pass any such other order/s that this Hon'ble court may deem fit and necessary in the facts and circumstances of the case, in the interest of justice and equity." 2. Heard Sri.Srinthan Hampi, learned counsel appearing for the petitioner, Miss.Karishma Naghnoor and Sri.Suhas M.S., learned counsels appearing for respondent No.1, Sri.Mahesh S., learned counsel appearing for respondent No.2 and have perused the material on record. 3. The petitioner is defendant No.1(a) in a suit instituted by the respondent-plaintiff seeking declaration and cancellation of a gift deed in O.S.No.1277/2018. Impleading application was filed in the proceedings in which the petitioner gets into the suit as defendant No.1(a). After getting into the - 4 - HC-KAR NC: 2025:KHC:34010 WP No. 23280 of 2025 suit, seeks leave to file the Written Statement. The said application seeking permission to file the Written Statement is rejected. The rejection on the face of it is erroneous. 4. The learned counsel for the respondents would not dispute the position that the Written Statement ought to have been permitted to be filed by the present petitioner before the concerned Court, in the light of him getting into the proceedings on an application filed by the respondents. In that light, the petition deserves to succeed with the quashment of the impugned order. 5. The learned counsel for the respondents now submits that the suit is languishing for the last seven (7) years in a suit for declaration. He would request this court to infuse finality into the proceedings. 6. In the light of the proceedings pending before the concerned Court for seven (7) years, even without the submission of the learned counsel for the respondents, this Court would deem it appropriate to infuse finality into the proceedings. - 5 - HC-KAR NC: 2025:KHC:34010 WP No. 23280 of 2025 7. For the aforesaid reasons, I pass the following: ORDER [i] Petition is allowed. [ii] Order dated 18/06/2025 vide ANNEXURE-A passed by the XXIX Additional City Civil and Sessions Judge (CCH-30), at Bengaluru on I.A.No.6 in OS 1277/2018, stands quashed. [iii] I.A. No.6 filed by the petitioner vide ANNEXURE-C stands allowed. [iv] The proceedings before the concerned Court shall conclude in accordance with law within the outer limit of six (6) months from the date of receipt of the copy of the order, if not earlier. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 42