- 1 - HC-KAR NC: 2026:KHC:24370 W.P. No.17354/2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.17354/2021 (GM-CPC) BETWEEN: MANJUNAT .M S/O MARIAPPA AGED ABOUT 41 YEARS R/AT NO 139/1-2-1 10TH MAIN ROAD PIPE LINE, EAST MAIN ROAD KASTURIBA NAGAR BANGALORE 560026. …PETITIONER (BY SRI. VISHWANATHA M.S. ADV.,) AND: 1. SMT. CHAYADEVI @ CHAYADEVAMMA W/O NARASIMHA AGED 42 YEARS R/A NO 135, 1ST CROSS BEHIND CANARA BANK PREMA NAGAR, LAGGERE BENGLAURU 560058. 2. SMT. DEVEERAMMA D/O LATE SHANAPPA AGED 73 YEARS R/A NO 230, NEW NO 128 MADAKARINAYAKA ROAD LAKSHMIPURA, 4TH CROSS BANGALORE 560019. …RESPONDENTS Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24370 W.P. No.17354/2021 (BY SRI. V.B. SHIVAKUMAR, ADV., FOR R2 V/O/DTD:08.10.2021, NOTICE TO R1 IS D/W) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DTD 07.09.2021 PASSED BY THE HON'BLE X ADDITIONAL CITY CIVIL AND SESSION JUDGE, BANGALORE (CCH-26) IN OS.NO.9096/2013 IN REJECTING THE IA.NO.6 AND 7 FILED BY THE PETITIONER UNDER SECTION 151 OF CPC AND UNDER ORDER-VIII, RULE-6(A)(3) R/W SECTION 151 OF CPC RESPECTIVELY WHICH IS PRODUCED AT ANNX-G AND CONSEQUENTLY ALLOW SAID IA.NO.6 AND 7 PERMITTING THE PETITIONER TO FILE REJOINDER/WRITTEN STATEMENT TO THE COUNTER CLAIM MADE BY THE R-2 IN OS.NO.9096/2013 & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This petition is filed challenging the order dated 07.09.2021 passed on IA.Nos.6 and 7 filed by the petitioner in OS.No.9096/2013 by the X Additional City Civil and Sessions Judge, Bengaluru (CCH-26) (for short 'the trial Court'). 2. Heard Sri.Vishwanatha M., learned counsel appearing for the petitioner, Sri.V.B.Shivakumar, learned - 3 - HC-KAR NC: 2026:KHC:24370 W.P. No.17354/2021 counsel for respondent No.2 and meticulously perused the material available on record. 3. The petitioner/plaintiff filed OS.No.9096/2013 seeking relief of possession, damages and injunction against the respondents. In the said suit, respondent No.2/defendant No.2 filed a written statement and also raised a counterclaim seeking partition and possession of the scheduled property mentioned therein. The primary contention of the petitioner/plaintiff is that due to inadvertence, no written statement was filed in response to the counterclaim raised by defendant No.2 and the matter was subsequently posted for arguments. At that stage, the petitioner/plaintiff filed the applications i.e. IA.Nos.6 under Section 151 of the Code of Civil Procedure, 1908 (for short 'CPC') for reopening of the case, and IA.No.7 under Order VIII Rule 6-A (3) read with Section 151 of CPC seeking permission to file a written statement to the counterclaim, which came to be rejected by the trial Court under the impugned order. - 4 - HC-KAR NC: 2026:KHC:24370 W.P. No.17354/2021 4. Learned counsel for the petitioner fairly submits that filing of a written statement to the counterclaim is necessary to put the relevant facts straight before the Court and they do not intend to reopen the trial or adduce further evidence; if they are permitted to place the written statement to the counterclaim it would meet their requirement. Considering the aforesaid submissions and taking note of the nature of the reliefs sought by the petitioner in the suit as well as defendant No.2 in the counterclaim, I am of the considered view that the petitioner/plaintiff is required to permit to file a written statement to the counterclaim within a stipulated time on terms. It is made clear that the petitioner/plaintiff would not be permitted to lead any evidence based on such a written statement. It is to be noticed that the present prayer sought to file a written statement has been made after a period of 7 years. Hence, the petitioner/plaintiff is required to put on terms. For the aforementioned reasons, I proceed to pass the following: - 5 - HC-KAR NC: 2026:KHC:24370 W.P. No.17354/2021 ORDER i) The writ petition is allowed. ii) The impugned order dated 07.09.2021 passed on IA.Nos.6 and 7 in OS.No.9096/2013 by the X Additional City Civil and Sessions Judge, Bengaluru (CCH-26) is hereby set aside. iii) The petitioner shall file a written statement on or before the next date of hearing without seeking any further extension, subject to petitioner/plaintiff paying cost of Rs.2,500/-. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 9