- 1 - HC-KAR NC: 2026:KHC:16071 WP No. 4588 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 4588 OF 2026 (GM-CPC) BETWEEN: MR. MADHUKAR G ANGUR AGED ABOUT 61 YEARS S/O SHRIGUDDAPPAANGUR NO 803, G-BLOCK, MANTRIESPANA NEAR SAKRA WORLD HOSPITAL OUTER RING ROAD, KARIYAMMANA AGRAHARA BELLANDUR, BANGALORE-560103. …PETITIONER (BY SRI. SRIVASTHAVA H K., ADVOCATE) AND: 1. M/S ALLIANCE BUSINESS SCHOOL (A COMPANY INCORPORATED UNDER THE PROVISION OF THE INDIAN COMPANIES ACT, 1956) A SECTION 25 COMPANY SECTION 8 UNDER THE ACT OF 2013) AND HAVING ITS REGISTERED OFFICE AT CHIKKA HAGADE, ANEKAL- CHANDAPURA MAIN ROAD BANGALORE-560103, BY ITS REGISTRAR. 2. N. RAMAKRISHNA S/O NARAYANA REDDY AGED ABOUT 55 YEARS R/AT GUDDAHATTI VILLAGE ATTIBELE HOBLI, ANEKAL TALUK BANGALORE URBAN DISTRICT. 3. MRS.PAVANA DIBBUR D/O DIBBUR KUMAR AGED AT 47 YEARS R/AT NO. 528, 5TH CROSS HMT LAYOUT, R.T. NAGAR BANGALORE- 560032 …RESPONDENTS (BY SRI.CYRIL PRASAD PAIS., ADVOCATE FOR C/R1) Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:16071 WP No. 4588 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT QUASHING THE ORDER DATED 03.12.2025 AND RESTORE THE WRITTEN STATEMENT IN BEARING O.S NO. 317/2018 PENDING (IA NO.9) IN THE FILE OF PRL. SENIOR CIVIL JUDGE AND JMFC, ANEKAL, BENGALURU DISTRICT AT ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioner-defendant No.2 has called in question the order dated 03.12.2025 passed by the Principal Senior Civil Judge and JMFC, Anekal (hereinafter referred to as ‘Trial Court’ for short) on I.A.No.9 filed under Section 151 of CPC in O.S.No.317/2018 vide Annexure-A, whereby the said application filed by the petitioner-defendant No.2 to recall the order dated 25.09.2024 has been rejected. 2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in Original Suit. - 3 - HC-KAR NC: 2026:KHC:16071 WP No. 4588 of 2026 3. The plaintiff–respondent No.1 has instituted a suit for declaration. Upon service of summons, the defendants appeared through counsel but failed to file their written statements. After a lapse of more than five years, the defendants filed a written statement along with an application for condonation of delay. The Trial Court, by order dated 22.08.2024, allowed the application and permitted the filing of the written statement subject to payment of costs of Rs.2,000/-. However, as the said costs were not paid, the written statement was discarded by the Trial Court by order dated 25.09.2024. Being aggrieved by the same, petitioner-defendant No.2 filed I.A.No.9 under Section 151 of CPC to recall the order dated 25.09.2024. The Trial Court by impugned order dated 03.12.2025 rejected the said I.A.No.9. Being aggrieved by the same, the petitioner-defendant No.2 is before this Court. 4. As the cost directed by the Trial Court was not paid, the written statement came to be discarded. Though - 4 - HC-KAR NC: 2026:KHC:16071 WP No. 4588 of 2026 Defendant No.2 (the petitioner herein) had been granted permission to file the written statement on payment of cost of Rs.2,000/-, the said condition was not complied with. However, in the interest of justice, I am of the considered opinion that this writ petition deserves to be allowed, subject to certain conditions. 5. Accordingly, the following order is passed: ORDER a) The writ petition is allowed. b) The order dated 03.12.2025 passed by the Trial Court on I.A.No.9 filed under section 151 of CPC in O.S.No.317/2018 vide Annexure-A is set aside. c) I.A.No.9 filed by the petitioner-defendant No.2 is allowed, subject to the condition that the petitioner-defendant No.2 shall pay costs of Rs.15,000/- to respondent No.1-plaintiff on the next date of hearing in O.S.No.317/2018, i.e., 23.03.2026. - 5 - HC-KAR NC: 2026:KHC:16071 WP No. 4588 of 2026 d) In the event of failure to pay the said cost on the said date, the impugned order passed by the Trial Court shall stand restored. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 4