- 1 - HC-KAR NC: 2026:KHC:7093 WP No. 18639 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 18639 OF 2025 (GM-CPC) BETWEEN: SRI. VENKATASWAMY REDDY AGED ABOUT 67 YEARS S/O RAMAREDDY R/A ADIGONDANAHALLI VILLAGE ATTIBELE (H), NEAR MILK DAIRY ANEKAL (T), SURYA CITY PHASE-3 MULUTHANALLUR POST BENGALURU - 560 099. …PETITIONER (BY SRI. AJAY N, ADVOCATE) AND: 1. NANDA. V D/O VENKATASWAMY REDDY AGED ABOUT 49 YEARS W/O JAGADISH R/AT NO. 256, BALAGERE, OPPOSITE TO M2 ZION SALOON, VARTHUR POST, BENGALURU EAST BENGALURU - 560 087. 2. SRI. SHASHIKIRAN V. REDDY AGED ABOUT 42 YEARS S/O VENKATASWAMY REDDY Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7093 WP No. 18639 of 2025 3. SMT. PADMA C W/O VENKATASWAMY REDDY AGED ABOUT 60 YEARS RESPONDENTS NO.2 AND 3 R/A ADIGONDANAHALLI VILLAGE ATTIBELE (H), NEAR MILK DAIRY ANEKAL (T), SURYA CITY PHASE-3 MULUTHANALLUR POST BENGALURU - 560 099. …RESPONDENTS (BY SRI. JAMUNA T.B, ADVOCATE AND SMT. PREMA V, ADVOCATE FOR R1; VIDE ORDER DATED 10.07.2025, NOTICE TO R2 TO R3 IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, QUASHING THE REJECTION OF ADVANCEMENT APPLICATION DATED 05.06.2025 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, ANEKAL, IN 0S NO. 687/2024 VIDE ANNEXURE- A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the defendant No.1 in OS.No.683/2024 on the file of the Senior Civil Judge and JMFC, Anekal is directed against the impugned order dated - 3 - HC-KAR NC: 2026:KHC:7093 WP No. 18639 of 2025 05.06.2025 whereby application filed by petitioner/defendant No.1 seeking advancement of the suit which had stood posted for judgment and for permission to file written statement was dismissed by the trial Court. 2. Heard the learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. 3. A perusal of material on record will indicate that the 1st respondent/plaintiff instituted the aforesaid suit against petitioner/defendant No.1 and respondents No.2 and 3/defendants No.2 and 3 for partition and separate possession of her alleged share in the suit schedule immovable properties and for other reliefs. 4. In the said suit, petitioner/defendant No.1 and respondents No.2 and 3/defendants No.2 and 3 having been placed exparte, the plaintiff adduced oral and documentary evidence and in pursuance of the same, the trial Court posted the matter for pronouncement of - 4 - HC-KAR NC: 2026:KHC:7093 WP No. 18639 of 2025 judgment, at which stage, the petitioner/defendant No.1 sought for advancement/preponement of the matter and for permission to file written statement. The said request of the petitioner for advancement having been refused/declined by the trial Court, petitioner/defendant No.1 is before this Court by way of the present petition. 5. Though several contentions have been urged by both sides in support of their respective claims, it is a matter of record that the trial Court has not pronounced judgment as on today by virtue of the interim order passed by this Court and the suit is posted on 22.04.2026. 6. Under these circumstances, I deem it just and appropriate to adopt a justice oriented approach and in order to provide one more opportunity to the petitioner set aside the impugned order refusing advancement/preponement of the suit and permit the petitioner to file written statement on the next date of hearing of the suit and with a direction to the trial Court to - 5 - HC-KAR NC: 2026:KHC:7093 WP No. 18639 of 2025 dispose of the suit in accordance with law within a stipulated time frame. 5. In result, I proceed to pass the following: ORDER i. The writ Petition is hereby allowed subject to payment of cost of Rs.15,000/- to the High Court Advocates' Benevolent Fund, Bengaluru. ii. Impugned order dated 05.06.2025 is set aside. iii. Petitioner is permitted to file written statement, objections etc., before the trial Court on the next date of hearing without seeking any adjournment under any circumstances whatsoever. iv. Upon the petitioner/defendant No.1 filing written statement, objections etc., the trial - 6 - HC-KAR NC: 2026:KHC:7093 WP No. 18639 of 2025 Court shall frame issues and dispose of the suit on merits within a period of 1 year from the next date of hearing of the suit. v. It is made clear that the present order and permission to file written statement is restricted/limited only to petitioner/ defendant No.1 and the same shall not enure to the benefit of defendants No.2 and 3. vi. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE RJ List No.: 1 Sl No.: 29