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2026 DAILYLAW 38870 (KAR)

SRI VEERAMANI C v. SRI PRASHANTH M R

WP/22014/2026 · 2026-09-02

Lalitha Kanneganti

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010485282026 NC: 2026:KHC:47856 WP No. 22014 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 22014 OF 2026 (GM-CPC) BETWEEN: SRI VEERAMANI C S/O CHINNASWAMY J., AGED ABOUT 33 YEARS R/AT 3RD CROSS, ASHOKAPURAM, NANJANGUD TOWN, MYSURU DISTRICT-570 008 …PETITIONER (BY SRI. KUMARA K G.,ADVOCATE) AND: SRI. PRASHANTH M.R., S/O K. RAMAIAH, AGED ABOUT 47 YEARS, R/AT 176, ANNAPURNESHWARI NILAYA, OPP. POST OFFICE, MANASARA ROAD, ITTIGEGUD, MYSURU-570 010 …RESPONDENT (BY SRI. CHAMU SHIVA SHASTRY, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED:02.06.2026 PASSED BY THE IV ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C AT MYSURU. IN O.S.NO.598/2025 (ANNEXURE.A) IA 5. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010485282026 NC: 2026:KHC:47856 WP No. 22014 of 2026 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed aggrieved by the order passed in O.S.No.598/2025 dated 02.06.2026 by the IV Additional Senior Civil Judge and JMFC, Mysuru. 2. The respondent herein has filed the suit O.S.No598/2025 seeking partition and separate possession. The trial Court by order dated 06.04.2026, has taken the written statement of defendant No.6 taken as not filed, and by order dated 02.06.2026, the trial Court observed that defendant No.6 filed a written statement along with I.A.No.5. The counsel for the plaintiff orally objected. Summons to defendant No.6 was duly served on 12.08.2025, the mandatory period lapsed and hence, I.A.No.5 was rejected. Aggrieved thereby, the defendant is before this Court. 3. Learned counsel appearing for the petitioner submits that when the petitioner has stated the valid reasons, the trial Court ought to have taken the written statement on record. - 3 - HC-KAR CNR: KAHC010485282026 NC: 2026:KHC:47856 WP No. 22014 of 2026 4. Learned counsel for the petitioner submits that, in view of the interim order granted by the court, the proceedings are stayed. is submitted that the petitioner has no objection to take the written statement on record. 5. Having heard the learned counsels on either side, perused the material on record. Considering the reasons stated and in the interest of both the parties, this Court deems it appropriate to allow the writ petition. 6. Hence, this Court is passing the following: ORDER i. The order passed in O.S.No.598/2025 dated 02.06.2026 by the IV Additional Senior Civil Judge and JMFC, Mysuru, is set aside. ii. The trial court is directed to take the written statement on record, and the petitioner shall cooperate with the trial and shall not take unnecessary adjournments. - 4 - HC-KAR CNR: KAHC010485282026 NC: 2026:KHC:47856 WP No. 22014 of 2026 iii. Accordingly, the writ petition is allowed. iv. Pending I.As in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 23