- 1 - HC-KAR NC: 2025:KHC:53624 WP No. 13981 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 13981 OF 2021 (GM-CPC) BETWEEN: SRI P.S. SURESH AGED ABOUT 74 YEARS S/O LATE S.N. PALLEGAR RESIDING AT NO.53, SHANKARAPURAM RANGA RAO ROAD, BENGALURU - 560 004. …PETITIONER (BY SRI B. PRAMOD, ADV.) AND: 1. SRI SUBBAPPA S/O LATE MUNISWAMY AGED AOUT 61 YEARS RESIDING AT NO.636, 7TH CROSS CHANNAKESHAVA NAGAR ELECTRONIC CITY POST BENGALURU - 560 100. 2. SRI H.K. NAGARAJ S/O SRI H. KRISHNA REDDY AGED ABOUT 65 YEARS RESIDING AT NO.29, 3RD CROSS 1ST MAIN, DOLLARS COLONY R.M.V. 2ND STAGE BENGALURU - 560 094. …RESPONDENTS (BY SRI SHIVASHANKAR K, ADV.) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 19.07.2021, PASSED ON I.A.NO.5 U/S 151 OF CODE OF CIVIL PROCEDURE BY THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, IN Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53624 WP No. 13981 of 2021 O.S.NO.212/2014 ANNEXURE-H AND TO DIRECT TO THE COURT BELOW TO TAKE THE WRITTEN STATEMENT (ANNEXURE-E) FILED ON RECORD. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Respondent no.1 herein has filed O.S.No.874/2022 before the jurisdictional Civil Court at Hosakote, with a prayer to declare that the sale deed dated 05.04.1995 executed between defendant nos.1 & 2 as null and void and not binding on the plaintiff. 2. Petitioner herein had filed IA.no.5 under Section 151 CPC before the Trial Court seeking permission of the court to file his written statement and oppose the suit claim. The said application was opposed by the plaintiff by filing objections. The Trial Court vide the order impugned, has rejected IA.No.5 and being aggrieved by the same, petitioner is before this Court. 3. Learned Counsel for the petitioner having reiterated the grounds urged, submits that along with the application, petitioner also has filed his written statement in O.S.No.874/2022. He submits that since the plaintiff had filed - 3 - HC-KAR NC: 2025:KHC:53624 WP No. 13981 of 2021 an application under Order VI Rule 17 CPC with a prayer to amend the plaint, defendant no.1 had delayed filing of written statement and he intended to file a detailed written statement after the plaint was amended. However, no orders were passed on the application filed on behalf of the plaintiff to amend the plaint, and therefore, IA.no.5 under Section 151 CPC was filed on behalf of defendant no.1 seeking permission of the Trial Court to permit defendant no.1 to file written statement. He submits that after passing of the order impugned, the plaintiff has now filed an application before the Trial Court seeking permission of the Trial Court to withdraw the suit with liberty to file a fresh suit. However, in view of the interim order passed by this Court staying further proceedings in O.S.No.874/2022, no orders have been passed on the application filed under Order XXIII Rule 3 CPC. Accordingly, he prays to allow the petition. 4. Suit in O.S.No.874/2022 is filed with a prayer to declare that the sale deed executed by defendant no.2 in favour of defendant no.1 as null and void and not binding on the plaintiff. It appears that defendant no.1 is the sole contesting defendant - 4 - HC-KAR NC: 2025:KHC:53624 WP No. 13981 of 2021 in the suit and he is the purchaser of the suit schedule property under the sale deed dated 05.04.1995 which is questioned in the suit. 5. Learned Counsel for the petitioner has produced copy of the application filed on behalf of the plaintiff under Order VI Rule 17 CPC with a prayer to amend the plaint by incorporating the proposed paragraph 2A immediately after paragraph no.2. According to the petitioner's counsel, no orders have been passed on the said application and awaiting orders on the application filed by the plaintiff to permit him to amend the plaint, the defendant had delayed filing of the written statement. 6. It is true that after amendment of CPC, a time frame is provided for filing of written statement and in the event the written statement is not filed within the time frame as provided under the statute, then the defendant is required to seek permission from the court to file his written statement. It is trite that time frame provided under the statute is not mandatory and is only directory. - 5 - HC-KAR NC: 2025:KHC:53624 WP No. 13981 of 2021 7. The present suit is filed seeking the relief of declaration to declare that the sale deed which is executed in favour of the petitioner herein as null and void and not binding on the plaintiff. If the defendant is not granted opportunity to defend the prayer made in the suit, his case is likely to be prejudiced and resultantly, he is likely to be put to hardship and injury. 8. Learned Counsel for the petitioner has submitted that during the pendency of the petition, an application under Order XXIII Rule 3 CPC is filed on behalf of the plaintiff seeking permission of the court to withdraw the suit with liberty to file a fresh suit. The copy of the said application supported by the affidavit of the plaintiff, is filed before this Court, which is taken on record. 9. Having regard to the aforesaid aspects of the matter, I am of the opinion that if opportunity is granted to defendant no.1 to file his written statement in the suit, the same would serve the ends of justice. Inconvenience caused to the other side because of the inordinate delay in filing the written statement, can be compensated monetarily. Accordingly, the following order: - 6 - HC-KAR NC: 2025:KHC:53624 WP No. 13981 of 2021 10. Writ petition is allowed. The impugned order dated 19.07.2021 passed on IA.no.5 in O.S.No.874/2022 by the Court of Prl. Senior Civil Judge, Hosakote, is set aside. Consequently, the prayer made in IA.no.5 is granted, subject to payment of costs of Rs.10,000/- to be paid by defendant no.1 to the plaintiff before the Trial Court on the next date of hearing. The Trial Court is directed to receive the written statement filed along with IA.no.5. Sd/- (S VISHWAJITH SHETTY) JUDGE KK