- 1 - HC-KAR NC: 2026:KHC:30777 W.P. No.1493/2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.1493/2021 (GM-CPC) BETWEEN: 1. SMT. SUSHEELAMMA W/O LATE GURUSHANTHAPPA P AGED ABOUT 62 YEARS RTD. BEO, NARADAMUNI NILAYA BEHIND JMIT COLLEGE NEAR WATER TANK CHITRADURGA - 577526. 2. P. NAGARAJAPPA S/O LATE PUTTAPPA AGED ABOUT 43 YEARS AGRICULTURIST R/O T. NULENUR VILLAGE TALYA HOBLI, HOLALKERE TALUK CHITRADURGA - 577526. …PETITIONERS (BY SRI. SHIVANANDA D.S. ADV.,) AND: 1. SMT. BHAGYAMMA .P D/O LATE PUTTAPPA W/O CHANDRAPPA AGED ABOUT 60 YEARS R/O BHEEMASAMUDRA HIREGUNTANUR HOBLI CHITRADURGA TALUK AND DIST – 577526. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30777 W.P. No.1493/2021 2. P. HALAPPA S/O LATE PUTTAPPA AGED ABOUT 41 YEARS AGRICULTURIST R/O. NULENUR VILLAGE AT POST TALYA HOBLI HOLALKERE TALUK CHITRADURGA DISTRICT – 577526. …RESPONDENTS (RESPONDENTS ARE SD AND UNREPRESENTED) THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DTD.16.12.2020 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC HOLALKERE ON IA NO.11 IN O.S.NO.29/2018 AS PER ANNEXURE-F BY ISSUE OF WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER, DIRECTION AS THE CASE MAY BE, AND ALLOW THE IA NO.11 FILED UNDER ORDER 3 RULE 2 R/W SECTION 151 OF CPC & 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 16.12.2020 passed on IA.No.11 in OS.No.29/2018 by the Senior Civil Judge and JMFC, Holalkere (for short ‘the trial Court’). - 3 - HC-KAR NC: 2026:KHC:30777 W.P. No.1493/2021 2. Heard the learned counsel for the petitioners and meticulously perused the material available on record. 3. Despite service of notice, there is no representation for the respondents. 4. The respondents filed a suit in OS.No.29/2018 for relief of partition and separate possession. The petitioners are defendants in the said suit. Defendant No.1 has expressed her inability to enter the witness box and continued the suit. Hence, an application under Order III Rule 2 r/w Section 151 of the Code of Civil Procedure, 1908 (for short ‘CPC’) was filed seeking leave of the Court to permit the Special Power of Attorney Holder of defendant No.1 to proceed with the suit on her behalf. The said application was rejected by the trial Court on the ground that the affidavit accompanying the application is sworn by Sri.P.G.Lingaraju, who is the agent of defendant No.1 and also claimed to be the son of defendant No.1. - 4 - HC-KAR NC: 2026:KHC:30777 W.P. No.1493/2021 5. The trial Court, in my considered view has rightly come to conclusion that unless the Court permits the Special Power of Attorney Holder to come on record, he cannot swear on the affidavit and rejected the application. I do not find any error in the impugned order passed by the trial Court. 6. At this stage, the learned counsel for the petitioners submits that defendant No.1 may be permitted to file the affidavit along with the application. 7. Placing the submission of the learned counsel for the petitioners on record, the writ petition is disposed of permitting defendant No.1 to file a fresh application supported with her affidavit. No order as to costs. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK, List No.: 1 Sl No.: 22