- 1 - HC-KAR NC: 2026:KHC:22158 WP No. 689 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 689 OF 2021 (GM-CPC) BETWEEN: SRI. TEJ BAHADUR SINGH, AGED ABOUT 37 YEARS, S/O RAGHAVENDRA SINGH, SHRIRAM SHREYAS APARTMENTS, NO.D2-203, THINDLU MAIN ROAD, NEXT TO MAHESHBHUPATHI TENNIS ACADEMY, KODIGEHALLI, BANGALORE NORTH, BANGALORE, VIDYARANYAPURA, KARNATAKA - 560 097. …PETITIONER (BY SRI. C.V.SRINIVASA., ADVOCATE) AND: 1. SMT. JAYASHREE SRIRAM, SINCE DEAD REPRESENTED BY LRS 1(a) SRI.K.A.SRIRAM, MAJOR IN AGE H/O LATE JAYASHREE SRIRAM Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:22158 WP No. 689 of 2021 1(b) SRI.VINAY SRIRAM, MAJOR IN AGE, S/O JAYASHREE SRIRAM, BOTH OF THEM ARE R/AT "SRI KRISHNA KRUPA", NO.420, 20TH MAIN ROAD, 14TH CROSS, 1ST BLOCK, RAJAJINAGAR, BENGALURU - 560 010. …RESPONDENTS (BY SRI.H.K.SRIVASTHAVA, ADVOCATE FOR R1(a & b)) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 29.06.2020 PASSED BY THE XXTH ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY (CCH-32) ON THE APPLICATION FILED BY THE PETITIONER UNDER ORDER IX RULE 13 R/W SECTION 151 OF THE CODE OF CIVIL PROCEDURE WHICH IS NUMBERED AS I.A.NO.1 IN MISC.NO.494/2019 (ANNEXURE-A) AND FURTHER ALLOW THE APPLICATION FILED BY THE PETITIONER SEEKING SETTING ASIDE OF THE EX-PARTE ORDER AND DECREE DATED 07.02.2019 PASSED IN O.S.NO.790/2016 TILL THE DISPOSAL OF MISC.NO.494/2019 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:22158 WP No. 689 of 2021 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER 1. This petition is filed challenging the Order dated 29.06.2020 passed by XX Additional City Civil and Sessions Judge, Bengaluru, CCH-32 on an application filed under Order IX Rule 13 r/w Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') on I.A.No.I in Misc.No.494/2019. 2. Learned counsel for the petitioner submits that the respondent has filed a suit for possession and other reliefs. In the said suit, the petitioner's address is incorrectly shown and summons of the said suit was not served. The Trial Court without following the mandate of Order VI Rule 14 and Order V Rule 20 of CPC, proceeded to allow the application filed by the plaintiff for substituted service and without placing the defendant ex parte, proceeded to decree the suit ex parte and thereafter, execution proceedings were initiated which compelled the petitioner - 4 - HC-KAR NC: 2026:KHC:22158 WP No. 689 of 2021 to file miscellaneous petition under Order IX Rule 13 of CPC, and in the said proceedings, an application is filed to stay the execution proceedings which came to be rejected. It is submitted that the petitioner has raised grounds in the writ petition indicating that the plaintiff has shown incorrect address which has resulted in passing the ex parte decree and till that decree is set aside, if the execution proceedings are proceeded, nothing remains to be considered in the miscellaneous petition filed by the petitioner. Hence, he seeks to allow the petition. 3. Per contra, Sri.H.K.Srivasthava, learned counsel appearing for respondent Nos.1(a) and 1(b) i.e. the legal representatives of the original plaintiff, at the outset submits that, without standing on the technicalities, though the plaintiff has a case to be argued, he fairly concedes that he has no objection to allow the miscellaneous petition in Misc.No.494/2019 and setting aside the judgment and decree in question, so that parties can contest the proceedings in the suit on merits. It is - 5 - HC-KAR NC: 2026:KHC:22158 WP No. 689 of 2021 submitted that there may be direction to the Civil Court to dispose of the suit expeditiously in a time bound manner. 4. I have heard the arguments of learned counsel for the petitioner, learned counsel for the respondents and meticulously perused the material on record. 5. It is to be noticed that mother of the respondents herein filed O.S.No.790/2016 for relief of possession. In the said suit, it is contended that the address of the petitioner herein was incorrectly shown, by showing the flat number and without referring the name of the apartment. The order sheet indicates that the summons on the defendant was not served in view of the incorrect address. However, the Trial Court proceeded to allow the application filed by the plaintiff for substituted service and based on such service, proceeded to pass an ex parte decree in O.S.790/2016. 6. Though the petitioner as well as the respondents have raised various contentions with regard to the - 6 - HC-KAR NC: 2026:KHC:22158 WP No. 689 of 2021 procedure followed by the Civil Court, I am of the considered view that no purpose would be served if the finding is recorded with regard to the procedure followed by the Civil Court in decreeing the suit. It is to be noticed that counsel for the plaintiff has fairly conceded that the ex parte judgment and decree dated 07.02.2019 passed in O.S.No.790/2016 be set aside by allowing the miscellaneous filed by the petitioner. In my considered view, the writ petition deserves to be allowed based on the said submissions. Hence, I proceed to pass the following; ORDER (i) Writ petition is allowed. Impugned order dated 29.06.2020 passed in Misc.No.494/2019 by the XX Additional City Civil and Sessions Judge, Benglauru City (CCH-32) is set-aside. (ii) Miscellaneous Petition No.494/2019 filed by the petitioner under Order IX Rule 13 of CPC, seeking to set aside the ex parte judgment and decree dated 07.02.2019 passed in - 7 - HC-KAR NC: 2026:KHC:22158 WP No. 689 of 2021 O.S.No.790/2016 by XX Additional City Civil and Sessions Judge (CCH-32), Bengaluru City is allowed. Consequently, the judgment and decree in O.S.No.790/2016 dated 07.02.2019 is set-aside. The suit filed by the respondent in O.S.No.790/2016 is restored. (iii) The petitioner is permitted to file the written statement in the said suit within a period of six weeks from the date of their appearance. The parties to this proceedings ie., O.S.No.790/2016 shall appear before the Trial Court on 18.06.2026. (iv) In view of the aforesaid order, the execution proceedings in Execution Petition No.1578/2019 pending on the file of XX Additional City Civil and Sessions Judge, Bengaluru is closed. - 8 - HC-KAR NC: 2026:KHC:22158 WP No. 689 of 2021 (v) The Trial Court shall endeavor to dispose of the suit as expeditiously as possible, without any delay. Sd/- (VIJAYKUMAR A. PATIL) JUDGE GH List No.: 1 Sl No.: 11