- 1 - HC-KAR NC: 2025:KHC:40002 WP No. 5982 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 5982 OF 2021 (GM-CPC) BETWEEN: MR RAGHAVENDRA N, AGED ABOUT 36 YEARS, S/O LATE NAGARAJU K, PRESENTLY R/AT NO.6, 4TH SHOP LINE, TATA SILK FARM, WARD NO.59, BASAVANAGUDI, BENGALURU - 560 004. …PETITIONER (BY SRI. ROOPESHA B., ADVOCATE) AND: MR VISHNUVARDAN, AGED ABOUT 27 YEARS, S/O B.S.RAVEENDIRAN, FORMERLY R/AT NO.85, KORAMANGALA INDUSTRIAL LAYOUT, 5TH BLOCK, BENGLAURU - 560 095. AND CURRENTLY R/AT CARE OF WINTRACK ENGINEERING PRIVATE LIMITED, NO.37, SHANTHIPURA VILLAGE, ELECTRONICS CITY, PHASE 2 HUSKUR POST, BENGALURU - 560 100. …RESPONDENT (BY SRI. ARJUN REGO, ADVOCATE) THIS W.P. IS FILED UNDER ARTILCES 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40002 WP No. 5982 of 2021 O.S.NO.25894/2016 ON THE FILE OF THE 57TH ADDL CITY CIVIL JUDGE AND SESSIONS JUDGE MAYOHALL (CCH-58) BENGALURU. QUASH THE IMPUGNED ORDER DTD.26.2.2021 PASSED ON IA NO.2 AND 3 IN O.S.NO.25894/2016 ON THE FILE OF THE 57TH ADDL CITY CIVIL JUDGE AND SESSIONS JUDGE MAYOHALL (CCH-58) BENGALURU 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 This writ petition under article 227 of the Constitution of India is filed by the defendant assailing the order dated 26.02.2021 passed on I.A.Nos.2 and 3 in O.S.No.25894/2016 by the court of 57th Additional City Civil Judge and Sessions Judge, Mayohall, Bengaluru. 2. Heard the learned counsel for the parties. 3. Respondent herein has filed O.S.No.25894/2016 against the petitioner for recovery of money. In the said suit, the petitioner had entered appearance through his advocate on 06.10.2016 but he had not chosen to file his written statement. Subsequently, when the suit was at the stage of arguments, I.A.Nos.2 and 3 were filed on behalf - 3 - HC-KAR NC: 2025:KHC:40002 WP No. 5982 of 2021 of the petitioner with a prayer to condone the delay caused in filing the written statement and also to permit the petitioner to file his written statement and oppose the prayer made in the suit. The said applications were rejected by the Trial Court vide the order impugned and being aggrieved by the same, petitioner is before this Court. 4. Learned Counsel for the petitioner having reiterated the grounds urged in this petition submits that petitioner as good case on merits and if an opportunity to oppose the prayer made in the suit by filing his written statement is not granted to the petitioner, his case is likely to be seriously prejudiced. 5. Per contra, learned counsel appearing for respondent/plaintiff fairly submits that the prayer made in the petition may be granted to the petitioner subject to conditions and also imposing appropriate costs on the petitioner. He submits that the suit is of the year 2016 and - 4 - HC-KAR NC: 2025:KHC:40002 WP No. 5982 of 2021 therefore, the Trial Court may be directed to dispose of the suit within a time frame. 6. Submissions made on both side is placed on record. 7. This Court, while staying the further proceedings before the Trial Court in O.S.No.25894/2016 vide order dated 24.03.2021 had directed the petitioner to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) before the registry of this Court with an observation that if costs is to be imposed, the aforesaid amount shall be utilized. 8. Respondent has filed O.S.No.25894/2016 against the petitioner herein for recovery of an amount of Rs.77,00,000/- (Rupees Seventy Seven Lakhs only) and learned counsel for the petitioner submitted that the petitioner has good merits in the case and he had a valid reason for not filing his written statement before the Trial Court in time. Under these circumstances, I am of the - 5 - HC-KAR NC: 2025:KHC:40002 WP No. 5982 of 2021 opinion that prayer made in this writ petition needs to be granted and more so having regard to the fair submission made on behalf of the respondent/plaintiff. Accordingly, the following: ORDER (i) The writ Petition is allowed with cost of Rs.25,000/- (Rupees Twenty Five Thousand only). (ii) The order dated 26.02.2021 passed on I.A.Nos.2 and 3 in O.S.No.25894/2016 by the 57th Additional City Civil Judge and Sessions Judge, Mayohall, Bengaluru is set aside. (iii) Consequently, the prayer made in I.A.Nos.2 and 3 is granted and the Trial Court is directed to receive the written statement filed on behalf of the petitioner and proceed further in suit in accordance with law. - 6 - HC-KAR NC: 2025:KHC:40002 WP No. 5982 of 2021 (iv) It is needless to state that since the suit is of the year 2016 efforts shall be made by the Trial Court to dispose of the suit on merits as expeditiously as possible without granting unnecessary adjournment to any of the parties. (v) The respondent is permitted to withdraw the amount of Rs.25,000/- (Rupees Twenty Five Thousand only) deposited by the petitioner before this Court. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 9