- 1 - HC-KAR NC: 2026:KHC:19418 W.P. No.62622/2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.62622/2016 (GM-CPC) BETWEEN: 1. MR. D.R. RAJAGOPALA S/O LATE D. RAMANNA AGED ABOUT 49 YEARS RESIDING AT FLAT NO.312 RE ROSE BLOCK VIVEK MARVELS APARTMENT JAKKUR ROAD, AMINE KERE, YELAHANKA, BANGALORE-560064. PRESENTLY R/AT NO.9/1 1ST MAIN ROAD, 2ND BLOCK THYAGARAJANAGAR BENGALURU-560070. 2. MRS. D.R. MANJULA D/O LATE D. RAMANNA AGED ABOUT 55 YEARS RESIDING AT NO.31, KAILASA SIDDARTHA LAYOUT, KATHRIGUPPA BANGALORE-560085. SINCE DEAD REP. BY HER LR'S. 2(a) SRI. SHAM SUNDER K S/O KRISHNAMURTHY AGED ABOUT 68 YEARS R/AT. NAVANITHA SILVERWOODS APARTMENT, GREEN VIEW LAYOUT DR. VISHNUVARDHAN ROAD UTTARAHALLI MAIN ROAD KENGERI, BENGALURU-560060. Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19418 W.P. No.62622/2016 2(b) SRI. NAGENDRA BHARDWAJ S/O SRI. SHAM SUNDER K AGED ABOUT 43 YEARS R/AT. NAVANITHA SILVERWOODS APARTMENT, GREEN VIEW LAYOUT DR. VISHNUVARDHAN ROAD UTTARAHALLI MAIN ROAD KENGERI, BENGALURU-560060. 2(c) SMT. SAVITHA S W/O SRI. GANESH AGED ABOUT 40 YEARS R/AT. NO.1063/83, 1ST MAIN 6TH CROSS, VIDYARANYAPURA MYSURU-570008. 3. MRS. SUMA C.N. W/O MR. D.R. RAJAGOPALA AGED ABOUT 47 YEARS REP. AS GUARDIAN TO HER MINOR DAUGHTER DHRITI AGED 13 YEARS BOTH ARE RESIDING AT FLAT NO.312 RE ROSE BLOCK, VIVEK MARVELS APARTMENT JAKKUR ROAD, AMINE KERE YELAHANKA, BANGALORE-560064. …PETITIONERS (BY SRI. DAYANAND PATIL S.M. ADV.,) AND: 1. MISS. D.R. MADHURA VANI D/O LATE D. RAMANNA AGED ABOUT 44 YEARS RESIDING AT FLAT NO.NN2-501 SRI RAM SURABHI APARTMENT MALLASANDRA, OFF KANAKAPURA MAIN ROAD, BANGALORE-560062. - 3 - HC-KAR NC: 2026:KHC:19418 W.P. No.62622/2016 2. MRS. D.R. SEETHAMMA W/O LATE D. RAMANNA AGED ABOUT 79 YEARS RESIDING AT FLAT NO.NN2-501 SRI. RAM SURABHI APARTMENT MALLASANDRA, OFF KANAKAPURA MAIN ROAD, BANGALORE-560062. SINCE DECEASED REP. BY HER LR'S PETITIONER NO.1, 2 AND RESPONDENT NO.1 WHO ARE ALREADY ON RECORD. 3. MRS. HAJEERA W/O M.D. RAFIULLA AGED ABOUT 32 YEARS RESIDING AT NO.2120, 10TH CROSS SANJEEVINAGAR, BELLARY ROAD BANGALORE-560092. …RESPONDENTS (BY SRI. R. NAGENDRA NAIK AND SRI. VENKATARAMAN NAIK, ADVS., FOR R3 SMT. K.T. PREMALATHA, ADV., FOR R1 V/O/DTD:1.2.2024 V/O/DTD:13.1.2017 HAND SUMMONS SERVED ON R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DTD22.11.2016 PASSED IN O.S.NO.2/2016 ON I.A.NO.8 BY THE XIX ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE CCH-18 VIDE ANNEXURE-A & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 4 - HC-KAR NC: 2026:KHC:19418 W.P. No.62622/2016 ORAL ORDER This writ petition is filed challenging the order dated 22.11.2016 passed on I.A.No.8 in O.S.No.2/2016 by the XIX Additional City Civil and Session Judge, Bengaluru (for short, 'the trial Court'). 2. Heard the learned counsel for the petitioners and the learned counsel for the respondents. 3. Petitioners are the defendant Nos.1, 2 and 4 in O.S.No.2/2016 filed by the respondents-plaintiffs for partition and separate possession. In the said suit, petitioners entered appearance on 01.04.2016 and on 30.06.2016 filed written statement along with an application in I.A.No.8 seeking to condone the delay and a prayer to accept the written statement on record, which was opposed by the plaintiffs, and the trial Court under the impugned order rejected the said application stating that the written statement is filed beyond the prescribed time. - 5 - HC-KAR NC: 2026:KHC:19418 W.P. No.62622/2016 4. It is to be noticed that the Hon'ble Supreme Court in the case of Kailash v. Nanhku and others1 and in the case of Bharat Kalra v. Raj Kishan Chabra2 held that Order VIII Rule 1 of CPC is not mandatory, it is a directory. Keeping in mind the enunciation of law laid down by the Hon'ble Supreme Court, this petition deserves to be allowed and the filing of written statement with a delay of 18 days beyond 90 days is required to be condoned. Hence, I proceed to pass the following: ORDER i. Petition is allowed. ii. The order dated 22.11.2016 passed on I.A.No.8 in O.S.No.2/2016 by the XIX Additional City Civil and Session Judge, Bengaluru, is hereby set aside. Consequently, I.A.No.8 filed before the trial Court is allowed and the trial Court is 1 (2005) 4 SCC 480 2 Civil Appeal No.3788/2022 (@ SLP(C) No.63/2022) DD.09.05.2022 - 6 - HC-KAR NC: 2026:KHC:19418 W.P. No.62622/2016 directed to accept the written statement filed by the defendants. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 2 Sl No.: 6