Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 38736 (KAR)

SRI R NAGARAJU v. SMT. H.M. BHAGYA JYOTHI

WP/6869/2026 · 2026-08-31

Lalitha Kanneganti

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010153142026 NC: 2026:KHC:47108 WP No. 6717 of 2026 C/W WP No. 6789 of 2026 WP No. 6869 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF AUGUST, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 6717 OF 2026 (GM-CPC) C/W WRIT PETITION NO. 6789 OF 2026 (GM-CPC) WRIT PETITION NO. 6869 OF 2026 (GM-CPC) IN WP No. 6717/2026 BETWEEN: SRI. SRI. S E RANGARAJU S/O. S M ERANNA, AGED ABOUT 55 YEARS, R/AT VIDYANAGARA BADAVANE, SIRA TOWN - 572 137 ALSO AT SRI RANGANATHA TRADERS NEAR JAYA BAR, NEW BUSSTAND ROAD, SIRA TOWN, PIN - 572 137, TUMKUR DISTRICT. …PETITIONER (BY SRI. N. KUMAR, ADVOCATE) AND: SMT. H.M. BHAGYA JYOTHI W/O. LATE. C. MANJUNATH, AGED ABOUT 51 YEARS, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010153142026 NC: 2026:KHC:47108 WP No. 6717 of 2026 C/W WP No. 6789 of 2026 WP No. 6869 of 2026 KALLAMBELLA HOBLI, R/O. HALENAHALLI VILLAGE, SIRA TALUK TUMKUR DISTRICT - 572 125, …RESPONDENT (BY SRI. SOMASHEKARA K M.,ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE ADDL. CIVIL JUDGE AND JMFC SIRA TO TAKE ON RECORDS THE WRITTEN STATEMENT ALONG WITH THE CONDONATION APPLICATION FILED BY THE PETITIONER/ DEFENDANT IN OS NO. 328/2025 ETC. IN WP NO. 6789/2026 BETWEEN: SRI N NARASIMHAMURTHY S/O. LATE N. NAGARAJU, AGED ABOUT 40 YEARS, SRI THULASI OILS, BEHIND GEETHA HALL, NEW BUSSTAND ROAD, GHANDINAGARA BADAVANE, SIRA TOWN, PIN - 572 137, TUMKUR DISTRICT. ...PETITIONER (BY SRI. N. KUMAR, ADVOCATE) AND: SMT. H.M. BHAGYA JYOTHI W/O. LATE C. MANJUNATH, AGED ABOUT 51 YEARS, R/O. HALENAHALLI VILLAGE, - 3 - HC-KAR CNR: KAHC010153142026 NC: 2026:KHC:47108 WP No. 6717 of 2026 C/W WP No. 6789 of 2026 WP No. 6869 of 2026 KALLAMBELLA HOBLI, SIRA TALUK - 572 125, TUMKUR DISTRICT. ...RESPONDENT (BY SRI. SOMASHEKARA K.M., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO (1) ISSUE A WRIT IN THE NATURE OF CERTIORARI/MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE ADDITIONAL CIVIL JUDGE AND JMFC, SIRA TO TAKE ON RECORD THE WRITTEN STATEMENT ALONG WITH THE CONDONATION APPLICATION FILED BY THE PETITIONER/DEFENDANT, IN O.S.NO.410/2025 ETC. IN WP NO. 6869/2026 BETWEEN: SRI R NAGARAJU S/O. LATE LADARA RAMANNA, AGED ABOUT 55 YEARS, SRI THULASI TRADERS, BEHIND GEETHA HALL, NEW BUSSTAND ROAD, GHANDINAGARA BADAVANE, SIRA TOWN, PIN - 572 137, TUMKUR DISTRICT. ...PETITIONER (BY SRI. N. KUMAR, ADVOCATE) AND: SMT. H.M. BHAGYA JYOTHI W/O. LATE C. MANJUNATH, AGED ABOUT 51 YEARS, R/O. HALENAHALLI VILLAGE, - 4 - HC-KAR CNR: KAHC010153142026 NC: 2026:KHC:47108 WP No. 6717 of 2026 C/W WP No. 6789 of 2026 WP No. 6869 of 2026 KALLAMBELLA HOBLI, SIRA TALUK - 572 125, TUMKUR DISTRICT. ...RESPONDENT (BY SRI. SOMASHEKARA K.M., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE ADDITIONAL CIVIL JUDGE AND JMFC SIRA TO TAKE ON RECORD THE WRITTEN STATEMENT ALONG WITH THE CONDONATION APPLICATION FILED BY THE PETITIONER / DEFENDANT IN O.S.NO. 412/2025. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER IN WP No.6717/2026. The present writ petition is filed, aggrieved by the order dated 12.01.2026 passed in O.S.No.328/2025 by the Additional Civil Judge and JMFC, Sira. 2. In this case, the Trial Court treated the written statement as ‘nil’ on 12.01.2026. Aggrieved thereby, the - 5 - HC-KAR CNR: KAHC010153142026 NC: 2026:KHC:47108 WP No. 6717 of 2026 C/W WP No. 6789 of 2026 WP No. 6869 of 2026 petitioner/defendant has come before this Court. The Co- ordinate Bench of this Court, by order dated 27.02.2026, has issued an emergent notice to the respondent and stayed all further proceedings. 3. Learned counsel appearing for the petitioner submits that the Trial Court has taken the written statement as ‘nil’ and that the same would cause lot of hardship to the defendant. 4. Learned counsel appearing for the respondent submits that he has no objection to setting aside the said order and to giving the defendant an opportunity to file the written statement. It is submitted that, because of the stay granted by this Court, the proceedings are not being taken forward, and this is causing a lot of hardship to the respondent. The defendant entered appearance on 08.10.2025, and the order impugned was passed on 12.01.2026. There is a delay of 96 days in filing the written statement. Even after 96 days, the written statement has not been filed. The suit is for ejectment. - 6 - HC-KAR CNR: KAHC010153142026 NC: 2026:KHC:47108 WP No. 6717 of 2026 C/W WP No. 6789 of 2026 WP No. 6869 of 2026 IN WP No.6789/2026 5. The present writ petition is filed aggrieved by the order dated 12.01.2026 passed in O.S.No.410/2025 by the Additional Civil Judge and JMFC, Sira. 6. In this case, the Trial Court treated the written statement as ‘nil’ on 12.01.2026. Aggrieved thereby, the petitioner-defendant has come before this Court. A Co-ordinate Bench of this Court, by order dated 10.03.2026, has issued notice to the respondent and stayed all further proceedings. 7. Learned counsel for the petitioner submits that the Trial Court has taken the written statement as ‘nil’ and that the same would cause lot of hardship to the defendant. 8. Learned counsel appearing for the respondent submits that he has no objection to setting aside the said order and to giving the defendant an opportunity to file the written statement. It is submitted that, because of the stay granted by this Court, the proceedings are not being taken forward, and - 7 - HC-KAR CNR: KAHC010153142026 NC: 2026:KHC:47108 WP No. 6717 of 2026 C/W WP No. 6789 of 2026 WP No. 6869 of 2026 this is causing a lot of hardship to the respondent. The defendant entered appearance on 26.09.2025, and the impugned order was passed on 12.01.2026. There is a delay of 118 days in filing the written statement. Even after 118 days, the written statement has not been filed. The suit is for ejectment. IN WP No.6869/2026 9. The present writ petition is filed aggrieved by the order dated 07.01.2026 passed in O.S.No.412/2025 by the Additional Civil Judge and JMFC, Sira. 10. In this case, the Trial Court treated the written statement as ‘nil’ on 07.01.2026. Aggrieved thereby, the petitioner-defendant has come before this Court. A Co-ordinate Bench of this Court, by order dated 02.03.2026, has issued notice to the respondent and stayed all further proceedings. 11. Learned counsel for the petitioner submits that the Trial Court has taken the written statement as ‘nil’ and that the same would cause lot of hardship to the defendant. - 8 - HC-KAR CNR: KAHC010153142026 NC: 2026:KHC:47108 WP No. 6717 of 2026 C/W WP No. 6789 of 2026 WP No. 6869 of 2026 12. Learned counsel appearing for the respondent submits that he has no objection to setting aside the said order and to giving the defendant an opportunity to file the written statement. It is submitted that, because of the stay granted by this Court, the proceedings are not being taken forward, and this is causing a lot of hardship to the respondent. The defendant entered appearance on 29.10.2025, and the impugned order was passed on 07.01.2026. There is a delay of 70 days in filing the written statement. Even after 70 days, the written statement has not been filed. The suit is for ejectment. 13. Considering the nature of the suit and the submission of the learned counsel for the respondent/plaintiff, this Court is passing the following: ORDER i. The order dated 12.01.2026 passed in O.S. No.328/2025 by the Additional Civil Judge and JMFC, Sira, is set aside. Accordingly, W.P.No.6717/2026 is allowed. ii. The order dated 12.01.2026 passed in O.S. No.410/2025 by the Additional Civil Judge and - 9 - HC-KAR CNR: KAHC010153142026 NC: 2026:KHC:47108 WP No. 6717 of 2026 C/W WP No. 6789 of 2026 WP No. 6869 of 2026 JMFC, Sira, is set aside. Accordingly, W.P.No.6789/2026 is allowed. iii. The order dated 07.01.2026 passed in O.S. No.412/2025 by the Additional Civil Judge and JMFC, Sira, is set aside. Accordingly, W.P.No.6869/2026 is allowed. iv. In all the writ petitions, the petitioners are permitted to file the written statement by 15.09.2026. If the written statement is not filed within the stipulated time, i.e., on or before 15.09.2026, the right of the defendant to file the written statement shall stand forfeited, and the Trial Court shall proceed with the matter in accordance with law. v. Pending IAs, if any, in these petitions shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 8