- 1 - HC-KAR CNR: KAHC010028302025 NC: 2026:KHC:46761 WP No. 1373 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 1373 OF 2025 (GM-CPC) BETWEEN: 1. SRI NARASIMHAPPA S/O LATE NAGAPPA AGED ABOUT 80 YEARS 2. SRI SIDDARAMAIAH S/O LATE NAGAPPA AGED ABOUT 55 YEARS BOTH ARE R/OF VADDAGERE VILLAGE KORATAGERE TALUK TUMKUR DISTRICT – 572129 …PETITIONERS (BY SRI. NAGENDRA KUMAR K., ADVOCATE) AND: 1. SMT. SHANTHALA C.R. W/O LATE KUMAR AGED ABOUT 42 YEARS R/OF ANCHEPALYA SIRA GATE, TUMKUR - 560073. 2. SRI B N SHIVANNA S/O LATE NAGAPPA AGED ABOUT 70 YEARS R/AT OF SAI KRUPA, 5TH MAIN Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR CNR: KAHC010028302025 NC: 2026:KHC:46761 WP No. 1373 of 2025 12TH CROSS, M C LAYOUT, VIJAYANAGAR BENGALURU - 560040. …RESPONDENTS (BY SRI. RAGHAVENDRA A.S., ADVOCATE FOR R1: NOTICE TO R2 IS HELD SUFFICIENT V/O DATED: 29.08.2026) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED: 16.12.2024 IN I.A.NO. 19 IN O.S.NO. 354/2014 PASSED BY THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, AT TUMAKURU AS PER ANNEXURE-H AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioners are challenging the order dated 16.12.2024 passed by the I Additional Senior Civil Judge and CJM, Tumakuru (for short ‘Trial Court’), on I.A.No.XIX filed by defendant Nos.2 and 3 under Order III Rule 2 of CPC, whereby the said application has been dismissed with cost. 2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in Original Suit. - 3 - HC-KAR CNR: KAHC010028302025 NC: 2026:KHC:46761 WP No. 1373 of 2025 3. The plaintiff filed a suit in O.S.No.354/2014 before the Trial Court seeking relief of declaration and injunction. Upon service of suit summons, defendant No.1 appeared and filed his written statement and adduced evidence. Defendant Nos.2 and 3, who are similarly situated persons, have neither filed any written statement nor adduced evidence. At this stage, defendant Nos. 2 and 3 filed I.A. No. XIX seeking permission of the Trial Court to accept the Special Power of Attorney (SPA) executed in favour of defendant No. 1. The Trial Court, by the impugned order dated 16.12.2024, dismissed the said application by imposing costs. Aggrieved by the said order, the present writ petition has been filed. 4. Learned counsel appearing for the petitioners submits that defendant Nos.2 and 3 do not intend to adduce any further evidence or file any separate written statement. They propose to file a memo before the Trial Court seeking permission to adopt the written statement and evidence already filed and adduced by defendant - 4 - HC-KAR CNR: KAHC010028302025 NC: 2026:KHC:46761 WP No. 1373 of 2025 No.1. Therefore, it is submitted that the SPA executed in favour of defendant No.1, along with the memo seeking adoption of the written statement and evidence of defendant No.1, may be accepted by the Trial Court. 5. In view of the aforesaid submissions, and without entering into the merits of the case, the following order is passed: ORDER a) The writ petition is allowed. b) The impugned order dated 16.12.2024 passed by the I Additional Senior Civil Judge and CJM, Tumakuru, on I.A. No. XIX is hereby set aside. Consequently, I.A. No. XIX is allowed. c) Defendant Nos. 2 and 3 are permitted to file a memo seeking adoption of the written statement and evidence of defendant No. 1 within two weeks from today. Defendant Nos. 2 and 3 have undertaken that they shall neither file any additional written statement nor adduce any further evidence on their behalf. - 5 - HC-KAR CNR: KAHC010028302025 NC: 2026:KHC:46761 WP No. 1373 of 2025 d) The Trial Court is directed to dispose of the suit in accordance with law, as expeditiously as possible, and in any event not later than three months from the date of receipt of the certified copy of this order. e) All pending interlocutory applications, if any, in the present writ petition stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 9