- 1 - HC-KAR CNR: KAHC010490282022 NC: 2026:KHC:39183 W.P. No.21345/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.21345/2022 (GM-CPC) BETWEEN: 1. SRI. SHEKARAPPA S/O LATE SANNA SANGAPPA AGED 75 YEARS R/AT 842/9, NITTUVALLI DAVANGERE - 577 004. 2. SMT. DYMALAMBA W/O SHEKARAPPA AGED 56 YEARS R/AT 842/9, NITTUVALLI DAVANGERE - 577 004. 3. SRI. SHASHIDHARA AGED 39 YEARS S/O SHEKARAPPA R/AT 842/9, NITTUVALLI DAVANGERE - 577 004. …PETITIONERS (BY SRI. KESHAVA KUMAR B, ADV.,) AND: SMT. SHARADAMMA W/O LATE HALLAPPA SINCE DEAD BY LR’S. SRI. H. VEERANDRA S/O LATE HALLAPPA SINCE DEAD BY LR’S. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010490282022 NC: 2026:KHC:39183 W.P. No.21345/2022 1. SMT. SAVITHA VEERENDRA W/O LATE VEERENDRA .H AGED 35 YEARS ADVOCATE C/O M S DANAPPANAVAR SHIVA NILAYA, KAMALA NAGARA BEHIND MALABAR P B ROAD, RANEBENNURU HAVERI DISTRICT - 581 115. 2. SRI. CHANDRAPPA S/O OF LATE SANNA SANGAPPA (SINCE DEAD BY LRS). SMT. YASHODAMMA W/O LATE CHANDRAPPA AGED 60 YEARS C/O GOWDRA KARIBASAPPA S/O HINDLUMANE NAGAJJA MALLASHETTIHALLI VILLAGE HONNUR POST DAVANAGERE TALUK - 577 003. 3. SMT. RENUKAMMA W/O LATE KARIBASAPPA AGED 44 YEARS C/O HINDLUMANE NAGAJJA MALLASHETTIHALLI VILLAGE HONNUR POST DAVANAGERE TALUK - 577 003. 4. SRI. G.C. KUMAR S/O LATE CHANDRAPPA AGED 42 YEARS C/O GOWDRA KARIBASAPPA S/O HINDLUMANE NAGAJJA MALLASHETTIHALLI VILLAGE HONNUR POST DAVANAGERE TALUK - 577 003. - 3 - HC-KAR CNR: KAHC010490282022 NC: 2026:KHC:39183 W.P. No.21345/2022 5. SMT. RAGINI W/O LATE RAMANAGOWDA AGED 54 YEARS R/AT 38, FIRST FLOOR SRI LAKSHMI NARASIMHA SWAMY NILAYA BIMESWARA COLONY MADANAYAKANA HALLI BANGALORE – 562162. 6. SRI. ADAHARSHA S/O LATE RAMANAGOWDA AGED 32 YEARS R/AT 38, FIRST FLOOR SRI LAKSHMI NARASIMAHA SWAMY NILAYA BIMESWARA COLONY MADANAYAKANA HALLI BANGALORE – 562162. 7. SRI. JAVARE GOWDA S/O LATE RAMANAGOWDA AGED 30 YEARS R/AT NO.38, FIRST FLOOR SRI LAKSHMI NARASIMHA SWAMY NILAYA BIMESWARA COLONY MADANAYAKANA HALLI BANGALORE - 562 162. 8. SMT. JALAJAKSHI W/O LATE SHIVANNA AGED 50 YEARS R/AT MUGGIDARAGIHALLI JAGALUR TALUK - 577 512 DAVANAGERE. 9. KUM. ROJA D/O LATE SHIVANNA AGED 28 YEARS R/AT MUGGIDARAGIHALLI JAGALUR TALUK - 577 512. - 4 - HC-KAR CNR: KAHC010490282022 NC: 2026:KHC:39183 W.P. No.21345/2022 10. SRI. HARISHA S/O LATE SHIVANNA AGED 25 YEARS R/AT MUGGIDARAGIHALLI JAGALUR TALUK - 577 512. 11. SRI. VEERABHADRAPPA S/O LATE HALLAPPA AGED 62 YEARS BSNL WORKER, GUTTUR COLONY (HALE HARLAPURA) MALLIKARJUNA NILAYA 2ND CROSS, MAHALAKSHMI BADAVANE HARIARA - 577 601. …RESPONDENTS (BY SMT. MUNDASAD VIJAYAMALA SADASHIVAPPA, ADV., [ABSENT] V/O/DTD:20.04.2023, NOTICE TO R5 TO R11 ARE D/W V/O/DTD:02.02.2024, NOTICE TO R2 TO R4 IS H/S) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS OF OS 405/2013, PENDING CONSIDERATION ON THE FILE OF 1ST ADDL/PRINCIPAL CIVIL JUDGE AND JMFC AT DAVANAGERE. SET ASIDE IMPUGNED ORDER DTD 15.07.2022 IN ANNEXURE-E, ON I.A.NO.VI, FILED U/S 151 OF CPC AND PERMIT THE PETITIONERS TO FILE WRITTEN STATEMENT & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR CNR: KAHC010490282022 NC: 2026:KHC:39183 W.P. No.21345/2022 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed challenging the order dated 15.07.2022 passed on I.A.No.6 in O.S.No.405/2013 by the I Additional Civil Judge and JMFC, Davangere (for short, ‘the trial Court’). 2. Sri.Keshava Kumar B., learned counsel for the petitioners submits that the petitioners are defendant Nos.2 to 4 in the suit filed by the respondent No.1-plaintiff for partition and separate possession. In the said suit, the defendants could not file the written statement. Thereafter, the defendants filed an application along with the written statement, which came to be rejected by the trial Court on the ground of delay. It is submitted that the defendants have a good case on merits as the properties sought for partition are the self-acquired properties of the defendant Nos.2 to 4 and the sale deeds which are filed along with the memo clearly indicate the same and hence, - 6 - HC-KAR CNR: KAHC010490282022 NC: 2026:KHC:39183 W.P. No.21345/2022 one opportunity may be provided to the defendant Nos.2 to 4 to place the defence, even on terms. Hence, he seeks to allow the petition. 3. There is no representation on behalf of the respondent No.1. 4. I have heard the arguments of learned counsel for the petitioners and meticulously perused the material available on record. 5. Smt.Sharadamma - respondent No.1 (original plaintiff) has filed the suit for partition and separate possession. In the said suit the petitioners have been arrayed as defendant Nos.2 to 4. The material on record indicates that defendant Nos.2 to 4 could not file the written statement. The trial Court proceeded further with the matter. The plaintiff produced the evidence and argued the matter. At that stage, the defendant Nos.2 to 4 have filed an application in I.A.No.6 seeking to reopen the case - 7 - HC-KAR CNR: KAHC010490282022 NC: 2026:KHC:39183 W.P. No.21345/2022 from the stage of arguments and sought permission to file the written statement, which came to be rejected by the trial Court on the ground of delay. 6. It is required to be noticed that the petitioners herein are specifically making an assertion that all the suit schedule properties are self-acquired properties of the petitioners and the properties are not available for partition. When such a contention is raised, the same is required to be considered by the trial Court on merits by permitting them to file the written statement. 7. However, this Court also cannot ignore the fact that the present application is filed seeking prayer to file the written statement after a period of seven (07) years and when the matter was posted for final arguments. Hence, I am of the considered view that though no sufficient cause is shown for the enormous delay, the suit being one for partition and separate possession and the petitioners-defendant Nos.2 to 4 are making specific - 8 - HC-KAR CNR: KAHC010490282022 NC: 2026:KHC:39183 W.P. No.21345/2022 assertion that the suit schedule properties are self- acquired properties, and to substantiate the same they have produced the sale deeds along with the written statement before this Court, I am of the view that one opportunity needs to be provided to the defendant Nos.2 to 4 to file the written statement on terms. Hence, I proceed to pass the following: ORDER i. The writ petition is allowed. ii. The impugned order dated 15.07.2022 passed on I.A.No.6 in O.S.No.405/2013 by the I Additional Civil Judge and JMFC, Davangere, is set aside. Consequently, I.A.No.6 filed by the defendant Nos.2 to 4 is allowed. iii. The petitioners-defendant Nos.2 to 4 shall file the written statement within a period of three (03) weeks from the date of receipt of the copy of this order subject to condition that each petitioner i.e., defendant 2 to 4 each, - 9 - HC-KAR CNR: KAHC010490282022 NC: 2026:KHC:39183 W.P. No.21345/2022 shall pay a cost of ₹10,000/- (in total ₹30,000/-) to the plaintiff. iv. It is made clear that the defendants shall not seek unnecessary adjournment in the suit. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 39