- 1 - HC-KAR NC: 2026:KHC:21078 WP No. 2928 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 2928 OF 2026 (GM-CPC) BETWEEN: A GANESH S/O LATE BASAPPA AGED 73 YEARS R/AT NO.146, 2ND MAIN A BLOCK, NIJALINGAPPA LAYOUT DAVANAGERE-577004. …PETITIONER (BY SRI. KESHAVA BHAT A., ADVOCATE) AND: 1. DR.CHAITRA D/O A GANESH AGED ABOUT 36 YEARS R/AT NO.279/1, 4TH MAIN P.J.EXTENSION, DAVANAGERE -577004. 2. A.G.NAGARATHNA W/O A GANESH AGED ABOUT 67 YEARS 3. CHETAN G S/O A GANESH AGED ABOUT 39 YEARS 4. SHRUTI CHETAN W/O CHETAN G AGED ABOUT 36YEARS R2 TO R4 ARE R/AT MALLIKARJUNA NILAYA D.NO.5682/2, 4TH MAIN Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21078 WP No. 2928 of 2026 7TH CROSS, S.S.LAYOUT B BLOCK, DAVANAGERE-577004 …RESPONDENTS (BY SRI.G L MOHAN MAIYA., ADVOCATE FOR R1: SRI ABHILASH G HIREMATH, ADVOCATE FOR R2,R3 & R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APROPRIATE WRIT, ORDER OR DIRECTION SETTING ASIDE THE IMPUGNED ORDER OF THE II ADDL. SR. CIVIL JUDGE AND JMFC AT DAVANAGERE DATED 13.01.2026 REJECTING IA NO. 5 IN OS NO. 205/2025 (ANNEXURE-A) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition is filed by the petitioner–defendant No.1 under Articles 226 and 227 of the Constitution of India, challenging the order dated 13.01.2026 passed on I.A.No.5 in O.S.No.205/2025 by the II Additional Senior Civil Judge, Davanagere (hereinafter referred to as the ‘Trial Court’ for short), whereby, the said application filed by the petitioner/defendant No.1 seeking permission to file the written statement has been rejected on the ground that, in view of the amendment to the Civil Procedure - 3 - HC-KAR NC: 2026:KHC:21078 WP No. 2928 of 2026 Code (hereinafter referred to as ‘CPC’ for short), upon lapse of 120 days from the date of service of summons, the right of defendant No.1 to file the written statement stands forfeited, as per the Karnataka Amendment Act No.40/2025 (hereinafter referred to as ‘Amendment Act’ for short). 2. Respondent No.1–plaintiff has filed a suit in O.S.No.205/2025 for partition. Upon service of summons, the petitioner–defendant No.1 filed a written statement along with an application in I.A.No.5 under Section 151 of the CPC, seeking permission to file the written statement by condoning the delay. The Trial Court, on the ground that there was a delay in filing the written statement, rejected the said application by holding that, in view of the Amendment Act, the defendant is required to file the written statement within 120 days from the date of service of summons. Being aggrieved by the same, the present writ petition has been filed. - 4 - HC-KAR NC: 2026:KHC:21078 WP No. 2928 of 2026 3. This Court, in W.P.No.8067/2026 disposed of on 17.03.2026, has held that the provisions of Order VIII Rule 1 of the CPC, as amended, are applicable only to suits filed after 05.06.2025. 4. In the case on hand, since the suit was filed prior to the coming into force of the Amendment Act, it has to be construed that Karnataka Amendment Act No.40/2025, in respect of Order VIII Rule 1 of the CPC, is applicable only to suits filed after 05.06.2025. In the present case, the suit was filed on 02.06.2025. Therefore, the provisions of Karnataka Amendment Act No.40/2025 are not applicable to the case on hand. Hence, the impugned order is liable to be set aside. 5. Accordingly, the following order is passed: ORDER (i) The writ petition is allowed. - 5 - HC-KAR NC: 2026:KHC:21078 WP No. 2928 of 2026 (ii) The impugned order dated 13.01.2026 passed on I.A.No.5 in O.S.No.205/2025 by the Trial Court, is hereby set aside. (iii) Consequently, I.A.No.5 filed by defendant No.1 under Section 151 of CPC seeking permission to file the written statement is allowed. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 18