- 1 - HC-KAR CNR: KAHC010115202022 NC: 2026:KHC:45087 WP No. 5561 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 5561 OF 2022 (GM-CPC) BETWEEN: THE CITY MUNICIPAL COUNCIL RAMANAGARA RAMANAGARA CITY RAMANAGARA DISTRICT - 562 159 REPRESENTED BY ITS COMMISSIONER. …PETITIONER (BY SRI. MANOJ M. NAIK, ADVOCATE FOR SRI. A. NAGARAJAPPA, ADVOCATE) AND: 1. MUTTHURAJU S/O LATE BETTEGOWDA AGED 71 YEARS 2. SMT. CHIKKATHYAMMA W/O MUTTHURAJU AGED 58 YEARS 3. SMT. PRAMEELA D/O MUTTHURAJU AGED 30 YEARS 4. BETTEGOWDA S/O MUTTHURAJU Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010115202022 NC: 2026:KHC:45087 WP No. 5561 of 2022 AGED 27 YEARS 5. SMT. PAVITRA D/O PUTTURAJU AGED 25 YEARS ALL THE RESPONDENTS 1 TO 5 ARE RESIDING AT KOTHIPURA, KASABA HOBLI RAMANAGARA TALUK - 562 159 RAMANAGARA DISTRICT. 6. KRISHNAPPA S/O LATE BETTEGOWDA AGED 65 YEARS 7. SMT. SAVITHRAMMA W/O KRISHNAPPA AGED 51 YEARS 8. CHETANA D/O KRISHNAPPA AGED 31 YEARS 9. K CHAITRA @ BABY D/O KRISHNAPPA AGED 30 YEARS 10. K. CHANDANA D/O KRISHNAPPA AGED 25 YEARS RESPONDENTS 6 TO 10 ARE RESIDING AT KOTHIPURA KASABA HOBLI, RAMANAGARA HOBLI RAMANAGARA TALUK - 562 159 - 3 - HC-KAR CNR: KAHC010115202022 NC: 2026:KHC:45087 WP No. 5561 of 2022 RAMANAGARA DISTRICT. 11. THE CHIEF SECRETARY KARNATAKA GOVERNMENT SECRETARIAT VIDHANA SOUDHA BENGALURU - 560 001. 12. THE DEPUTY COMMISSIONER RAMANAGARA DISTRICT RAMANAGARA - 562 159. …RESPONDENTS (BY SRI. SANTOSHRAJ S. SESHMUKH, AGA FOR R11 AND R12; R1, R2 AND R4 ARE SERVED; R3 AND R5 - SERVICE OF NOTICE IS HELD SUFFICIENT VIDE COURT ORDER DATED 04.03.2026; R6 TO R10 - SERVICE OF NOTICE IS HELD SUFFICIENT VIDE COURT ORDER DATED 13.08.2026) ------ THIS WP FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 17.02.2022 ON IA FILED UNDER ORDER 9 RULE 7 R/W SECTION 151 OF CPC IN O.S.NO.49/2020 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT RAMANAGARA, MARKED AT ANNEXURE-E AND ALLOW THE APPLICATION UNDER ORDER 9 RULE 7 OF CIVIL PROCEDURE CODE BY ACCEPTING THE WRITTEN STATEMENT FILED BY THE PETITIONER AND 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 - 4 - HC-KAR CNR: KAHC010115202022 NC: 2026:KHC:45087 WP No. 5561 of 2022 ORAL ORDER This writ petition is filed challenging the Order dated 17.02.2022 passed in OS No.49 of 2020 by the Principal Senior Civil Judge and CJM, Ramanagaram (for short the 'Trial Court'). 2. Heard Sri A.Nagarajappa, learned counsel appearing for the petitioners and the learned AGA for respondents No.11 & 12. Though the other respondents are served, they remained absent. 3. Respondents No.1 to 5 have filed a suit against the respondents No.6 to 12 and the petitioner herein seeking the relief of declaration and injunction. In the said suit, the petitioner was arrayed as defendant No.8. Suit summons came to be served. However, defendant No.8 could not enter appearance. Hence, he filed an application under Order IX Rule 7 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") seeking to recall/set aside the ex-parte order against the - 5 - HC-KAR CNR: KAHC010115202022 NC: 2026:KHC:45087 WP No. 5561 of 2022 defendant No.8. The said application was opposed by the plaintiffs. 4. The trial Court under the impugned order rejected the application mainly on the ground that, no sufficient cause is shown and the date of the ex-parte order is also not mentioned. It is to be noticed that the application does not indicate correct reasons. However, as the relief sought in the suit is for the relief of declaration and injunction, it would be appropriate to provide one more opportunity to the petitioner-defendant No.8 to file a better application seeking to set aside the order placing the defendant No.8 ex-parte as the petitioner-defendant No.8 is a City Municipal Council and claiming to be owner of the property. 5. In view of the aforesaid reasons, I proceed to pass the following : - 6 - HC-KAR CNR: KAHC010115202022 NC: 2026:KHC:45087 WP No. 5561 of 2022 ORDER i) The writ petition is allowed; ii) The impugned order dated 17.02.2022 passed in OS No.49/2020 by the Principal Senior Civil Judge and CJM, Ramanagaram is set aside; iii) The petitioner-defendant No.8 is permitted to file a fresh application with detailed reasons and if such application is filed, the Trial Court shall consider the same in accordance with law. Sd/- (VIJAYKUMAR A. PATIL) JUDGE rs List No.: 1 Sl No.: 18