- 1 - HC-KAR CNR: KAHC010073692026 NC: 2026:KHC:39336 WP No. 3325 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 3325 OF 2026 (GM-RES) BETWEEN: SMT. BHAVANI T.S. W/O. SUNIL KUMAR M.T., AGED 26 YEARS, R/AT: MARIGUDI KOPPALU VILLAGE, KASABA HOBLI, HASSAN TALUK AND DISTRICT-573201. … PETITIONER (BY SRI. UDAY SHANKAR M., ADVOCATE) AND: 1. SRI. D. D. YOGESH S/O. D. DODDEGOWDA, AGED ABOUT 55 YEARS, R/AT: DUDDAMULA VILLAGE, DUDDA HOBLI, HASSAN TALUK AND DISTRICT-573201. 2. SRI. D. DODDEGOWDA S/O. DYAVAPPAGOWDA, AGED ABOUT 79 YEARS, 3. SMT. GANGAMMA W/O. D. DODDEGOWDA, AGED 73 YEARS, R2 AND R3 ARE R/AT: DUDDAMULA VILLAGE, DUDDA HOBLI, HASSAN TALUK AND DISTRICT-573201. 4. SMT. D.D. ARUNAKSHI W/O. NINGEGOWDA G.S. AGED ABOUT 52 YEARS, R/AT: GOVINDAPURA VILLAGE, MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench Date: 2026.08.05 11:22:53 +0530 - 2 - HC-KAR CNR: KAHC010073692026 NC: 2026:KHC:39336 WP No. 3325 of 2026 SALAGAME POST, SALAGAME HOBLI, HASSAN TALUK AND DISTRICT-573201. 5. SMT. G.M. GEETA W/O. H.R. GANGADHAR, AGED ABOUT 48 YEARS, R/AT: DUDDAMULA R.S. VILLAGE, DUDDA HOBLI, HASSAN TALUK AND DISTRICT-573201. 6. SMT. D.B. MAMATHA W/O. SHIVASWAMY, AGED ABOUT 45 YEARS, R/AT: H. MAILANAHALLI VILLAGE, DUDDA HOBLI, HASSAN TALUK AND DISTRICT-573201. 7. SMT. VANAJAKSHI W/O. BOREGOWDA, AGED ABOUT 58 YEARS, R/AT: DUDDA R.S. VILLAGE, DUDDA HOBLI, HASSAN TALUK AND DISTRICT-573201. 8. SMT. K.S. VEENA W/O. B.S. PRAKASH, AGED ABOUT 61 YEARS, R/AT: 80 FEET ROAD, DODDA ROAD, OPP. CHAMUNDESHWARI WATER SERVICE, VIVEK NAGAR, HASSAN-573201. 9. SRI. CHANDREGOWDA S/O. SIDDEGOWDA, AGED ABOUT 45 YEARS, R/AT: MAYASAMUDRA VILLAGE, DUDDA HOBLI, HASSAN TALUK AND DISTRICT-573201. 10. SMT. SUDHA W/O. CHANDREGOWDA, AGED ABOUT 39 YEARS, R/AT: MAYASAMUDRA VILLAGE, DUDDA HOBLI, HASSAN TALUK AND DISTRICT-573201. 11. SRI. UMESH S/O. NINGEGOWDA, AGED ABOUT 47 YEARS, R/AT: MAYASAMUDRA VILLAGE, DUDDA HOBLI, HASSAN TALUK AND DISTRICT-573201. - 3 - HC-KAR CNR: KAHC010073692026 NC: 2026:KHC:39336 WP No. 3325 of 2026 12. SRI. KESHAVA S/O. HANUMANTEGOWDA, AGED ABOUT 44 YEARS, R/AT: DUDDA R.S. VILLAGE, DUDDA HOBLI, HASSAN TALUK AND DISTRICT-573201. 13. SMT. PADMAMMA W/O. LATE. NAGARAJEGOWDA, AGED ABOUT 51 YEARS, R/AT: HIRIKADALURU VILLAGE, HONNAVARA POST, DUDDA HOBLI, HASSAN TALUK AND DISTRICT-573201. 14. SMT. LALITA W/O. RAMESH, AGED ABOUT 48 YEARS, R/AT: KORAVANGAL POST, DUDDA HOBLI, HASSAN TALUK AND DISTRICT-573201. 15. SMT. RADHA W/O. NAGARAJU (SAIKAL SHOP), AGED ABOUT 41 YEARS, R/AT: DUDDA R.S. VILLAGE, DUDDA HOBLI, HASSAN TALUK AND DISTRICT-573201. 16. H.S. BASAVARAJU S/O. SOMAGOWDA, AGED ABOUT 53 YEARS, R/AT: HONNAVAR VILLAGE, DUDDA HOBLI, R/AT: DUDDA R.S. VILLAGE, DUDDA HOBLI, HASSAN TALUK AND DISTRICT-573201. 17. SRI. VENANGOWDA S/O. LATE. SHIVANNAGOWDA (CEMENT BUSINESS), AGED ABOUT 34 YEARS, R/AT: DUDDA R.S. VILLAGE, DUDDA HOBLI, HASSAN TALUK AND DISTRICT-573201. 18. SRI. D.H. VASANTH KUMAR S/O. LATE. HUCCHEGOWDA, AGED ABOUT 55 YEARS, R/AT: DUDDA R.S. VILLAGE, DUDDA HOBLI, HASSAN TALUK AND DISTRICT-573201. 19. SRI. K.S. PUTTARAJU S/O. NINGEGOWDA, AGED ABOUT 53 YEARS, - 4 - HC-KAR CNR: KAHC010073692026 NC: 2026:KHC:39336 WP No. 3325 of 2026 R/AT: KITTTAN KERE VILLAGE, DUDDA HOBLI, HASSAN TALUK AND DISTRICT-573201. 20. SRI. B.R. DAYANANDA S/O. RANGASHETTI, AGED ABOUT 53 YEARS, R/AT: BASAVAGHATTA VILLAGE, DUDDA HOBLI, HASSAN TALUK AND DISTRICT-573201. 21. SRI. MANJESH GOWDA S/O. PUTTASWAMYGOWDA, AGED ABOUT 59 YEARS, R/AT: MAHADEVANAHALLI VILLAGE, KABBALLI POST, DUDDA HOBLI, HASSAN TALUK AND DISTRICT-573201. 22. SMT. NAGAMANI W/O. LATE. B.N. SURESH, AGED 46 YEARS, R/AT: BASAVAGHATTA VILLAGE, DUDDA HOBLI, HASSAN TALUK AND DISTRICT-573201. 23. SMT. M. MANJULA W/O. LATE. NANJAPPA C., AGED ABOUT 61 YEARS, R/AT: DUDDA R.S. VILLAGE, DUDDA HOBLI, HASSAN TALUK AND DISTRICT-573201. 24. SMT. JAYALAKSHMI W/O. PUTTEGOWDA, AGED ABOUT 56 YEARS, R/AT: NIRAGUNDA HOSAHALLI VILLAGE, DUDDA HOBLI, HASSAN TALUK AND DISTRICT-573201. 25. SMT. H.R. GEETA W/O. H.N. RAVI, AGED ABOUT 41 YEARS, R/AT: HONNAMMANAHALLI VILLAGE, DUDDA HOBLI, HASSAN TALUK AND DISTRICT-573201. 26. SRI. VARUN H.N. S/O. NARAYANAGOWDA, AGED 34 YEARS, R/AT: HONNAMMANAHALLI VILLAGE, DUDDA HOBLI, HASSAN TALUK AND DISTRICT-573201. - 5 - HC-KAR CNR: KAHC010073692026 NC: 2026:KHC:39336 WP No. 3325 of 2026 27. THE STATE OF KARNATAKA, REP. BY THE SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIDHANASOUDHA, BANGALORE-560001. 28. THE UNDER SECRETARY TO GOVERNMENT (ADMIN-1), LAW, JUSTICE AND HUMAN RIGHTS DEPARTMENT, VIDHANASOUDHA, BANGALORE-560001. … RESPONDENTS (BY SMT. VAISHALI HEGDE, ADVOCATE FOR R1; NOTICE TO R2 TO R26 ARE DISPENSED WITH; SRI. KIRAN V. RON, AAG FOR SRI. MAHAMMED JAFAR SHAH, AGA FOR R27 AND R28) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE THIRD PROVISO INSERTED TO ORDER VIII CPC BY THE KARNATAKA AMENDMENT ACT NO.40 OF 2025, THE CODE OF CIVIL PROCEDURE (KARNATAKA AMENDMENT) ACT, 2024 DATED 26.05.2025 WITH EFFECT FROM 05.06.2025, BY NOTIFICATION NO.LAW- LCE/281/2024, VIDE ANNEXURE-E WHICH FORFEIT THE RIGHT OF A DEFENDANT TO FILE THE WRITTEN STATEMENT BEYOND 120 DAYS AND ALSO RESTRICTED THE POWER OF CIVIL COURT TO RELAX TIME IS VOID AND UNCONSTITUTIONAL AND ETC., THIS PETITION HAVING BEEN HEARD AND RESERVED THROUGH VC AT DHARWAD FOR ORDERS ON 10.07.2026, COMING ON FOR PRONOUNCEMENT OF ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR CNR: KAHC010073692026 NC: 2026:KHC:39336 WP No. 3325 of 2026 CAV ORDER (PER: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM) The present writ petition is filed by the defendant No.4 assailing the order passed by the learned Trial Judge rejecting I.A. No.10, an application filed seeking leave to file the written statement by applying the provisions introduced under the Code of Civil Procedure (Karnataka Amendment) Act, 2024. The legality and correctness of the said order are called in question in the present petition. 2. Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondents. 3. The material on record would indicate that the respondents-plaintiffs instituted a suit in O.S. No.28/2025 on 20.01.2025. During the pendency of the suit, the petitioners- defendants filed I.A. No.10 seeking permission to place their written statement on record. The learned Trial Judge, by placing reliance on the provisions introduced by the Code of Civil Procedure (Karnataka Amendment) Act, 2024, has - 7 - HC-KAR CNR: KAHC010073692026 NC: 2026:KHC:39336 WP No. 3325 of 2026 rejected the said application. The correctness of the said order is the subject matter of challenge in the present writ petition. 4. The issue involved in the present petition is no longer res integra. This Court, while considering the constitutional validity and scope of the amendments introduced by the Code of Civil Procedure (Karnataka Amendment) Act, 2024, in W.P. No.8032/2026 c/w W.P. No.9372/2026, has read down the third proviso to Order V Rule 1, the third proviso to Order VIII Rule 1 and the proviso to Rule 10 of Order VIII of the Code of Civil Procedure, 1908. Therefore, it would be useful to extract the operative portion of the said judgment, which reads as follows: “(i) The writ petitions are allowed in part. (ii) The third proviso inserted to Order V Rule 1, third proviso inserted to Rule 1 of Order VIII and proviso to Rule 10 of Order VIII of the Code of Civil Procedure by Section 4 of the Karnataka Amendment Act, 2024 is read down in the manner indicated in paragraphs 131, 132, 157 and 158 of this judgment. - 8 - HC-KAR CNR: KAHC010073692026 NC: 2026:KHC:39336 WP No. 3325 of 2026 (iii) Therefore the constitutional challenge to Section 4 of the Code of Civil Procedure (Karnataka Amendment) Act, 2024 is not accepted. (iv) The expressions “the defendant shall forfeit the right to file the written statement” and “the Court shall not allow the written statement to be taken on record” shall not be construed as completely excluding the judicial discretion of the Civil Court in exceptionally rare cases where refusal would result in grave miscarriage of justice. (v) It is declared that Section 158-A of the Code of Civil Procedure (Karnataka Amendment) Act, 2024 shall be construed harmoniously with the scheme of the Code of Civil Procedure and shall not be interpreted as overriding or abrogating the statutory rule-making powers of the High Court preserved under Sections 122 to 127 of the Code, the constitutional jurisdiction of this Court under Articles 225 and 227 of the Constitution, or the binding law declared by the Hon’ble Supreme Court under Article 141. To the aforesaid extent, Section 158-A stands read down. (vi) The jurisdiction preserved by this judgment to receive a written statement beyond the prescribed period shall be exercised by all Civil Courts in the State only in strict adherence to the principles, limitations and illustrative guidelines contained in paragraph 162 of this judgment, and only upon recording reasons demonstrating the existence of exceptional and compelling circumstances. - 9 - HC-KAR CNR: KAHC010073692026 NC: 2026:KHC:39336 WP No. 3325 of 2026 (vii) It is further declared that the provisions introduced by Section 4 of the Code of Civil Procedure (Karnataka Amendment) Act, 2024 shall operate prospectively and shall apply only to suits instituted on or after the date of commencement of the Amendment Act. Suits instituted prior thereto shall continue to be governed by the unamended provisions of the Code of Civil Procedure, in terms of the law declared by this Court in Smt. T.Gayathri and Another v. Smt. Prabhajit Dhariwal (W.P. No.8090 of 2026).” In the light of the authoritative pronouncement rendered by this Court, the impugned order cannot be sustained. Accordingly, this Court proceeds to pass the following: ORDER i. The writ petition is allowed in part. ii. The order dated 10.12.2025 passed on I.A. No.10 in O.S. No.28/2025 by the learned Principal Senior Civil Judge and CJM, Hassan, is hereby quashed and set aside. iii. The learned Trial Judge shall reconsider I.A. No.10 afresh, after affording an opportunity of hearing to - 10 - HC-KAR CNR: KAHC010073692026 NC: 2026:KHC:39336 WP No. 3325 of 2026 both parties, strictly in accordance with the directions issued by this Court in W.P. No.8032/2026 c/w W.P. No.9372/2026, extracted hereinabove. iv. All rival contentions of the parties are kept open. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA, ALB CT:BCK LIST NO.: 19 SL NO.: 1.1