- 1 - HC-KAR NC: 2026:KHC:19023 WP No. 32710 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO.32710 OF 2025 (GM-CPC) BETWEEN: 1. SRINIVASA S/O LATE SULLEPPARA THIPPANNA AGED ABOUT 52 YEARS OCC: AGRICULTURIST 2. KENCHAMMA W/O LATE SULLEPPARA THIPPANNA AGED ABOUT 74 YEARS OCC: HOUSE MAKER 3. HANUMANTHAPPA S/O LATE SULLEPPARA THIPPANNA AGED ABOUT 55 YEARS OCC: AGRICULTURIST 4. VENKATESH, W/O LATE SULLEPPARA THIPPANNA AGED ABOUT 49 YEARS OCC: AGRICULTURIST THE PETITIONER NO.1 TO 4 ARE RESIDENT OF BADA VILLAGE BADA POST-577514 DAVANAGERE TALUK AND DISTRICT. 5. YASHODHAMMA W/O DODDAPPARA MAHANTHAPPA D/O LATE. SULLEPPARA THIPPANNA AGED ABOUT 42 YEARS Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19023 WP No. 32710 of 2025 OCC: HOME MAKER R/O SOLLAPURA VILLAGE SIDDAPURA POST-577535 CHITRADURGA TALUK AND DISTRICT. …PETITIONERS (BY SRI. S.V. PRAKASH, ADVOCATE) AND: 1. T.M. GEETHA W/O B.C.VISHWANATH AGED ABOUT 46 YEARS OCC: HOUSE MAKER AND AGRICULTURIST R/O AVARAGOLLA VILLAGE-577514 DAVANAGERE TALUK AND DISTRICT. 2. RENUKAMMA S/O LATE BEERAPPA D/O LATE SULLEPPARA THIPPANNA AGED ABOUT 46 YEARS OCC: HOUSE MAKER R/O BADA VILLAGE BADA POST-577514 DAVANAGERE TALUK AND DISTRICT. …RESPONDENTS (BY SRI. VEERAYYA HIREMATH, ADVOCATE FOR R1: R2 - SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 28.03.2025 ON I.A.NO.3 IN O.S.NO.363/2023 PASSED BY THE III ADDITIONAL SENIOR CIVIL JUDGE JMFC AT DAVANAGERE, PRODUCED AS ANNEXURE-E TO THE WRIT PETITION AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD - 3 - HC-KAR NC: 2026:KHC:19023 WP No. 32710 of 2025 ORAL ORDER This writ petition is filed by the defendant Nos.1 to 4 and 6 under Article 227 of the Constitution of India, challenging the order dated 28.03.2025 passed by the III Additional Senior Civil Judge and JMFC, Davanagere (hereinafter referred to as “the trial Court”) on I.A. No.III filed under Section 151 of the Code of Civil Procedure, 1908 (for short, “CPC”) in O.S. No.363/2023, whereby the application filed by defendant Nos.1 to 4 and 6 seeking permission to file the written statement by condoning the delay has been dismissed. 2. For the sake of convenience, the parties are referred to in accordance with their ranking before the trial court. 3. The plaintiff has instituted a suit in O.S. No.363/2023 seeking declaration and permanent injunction. Upon service of suit summons, the defendants appeared through counsel, however, they did not file their - 4 - HC-KAR NC: 2026:KHC:19023 WP No. 32710 of 2025 written statement. Based on the pleadings on record, the trial court framed the issues. When the matter was posted for arguments, the defendants filed an application seeking permission to file the written statement by condoning the delay. 4. Though no satisfactory explanation is offered for the delay in filing the written statement, in the interest of justice, this Court is of the opinion that the defendant Nos.1 to 4 and 6 can be permitted to file the written statement, subject to payment of costs and imposition of conditions. 5. Accordingly, the following order is passed: (i) The writ petition is allowed. (ii) The order dated 28.03.2025 passed by the III Additional Senior Civil Judge and JMFC, Davanagere on IA No.III in O.S.No.363/2023 is hereby set aside. - 5 - HC-KAR NC: 2026:KHC:19023 WP No. 32710 of 2025 (iii) I.A. No.III filed by defendant Nos.1 to 4 and 6 under Section 151 of the CPC in O.S. No.363/2023 is allowed, subject to the condition that the petitioners/defendants shall pay cost of Rs.15,000/- to the plaintiff on or before the next date of hearing before the trial court. (iv) The petitioners/defendant Nos.1 to 4 and 6 shall not seek any adjournment on the dates fixed by the trial Court. (v) The trial court is directed to dispose of the suit as expeditiously as possible and, in any event, within a period of six months from the date of receipt of a certified copy of this order, provided there is no order of stay of the said proceedings granted by any court of law. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 60