- 1 - HC-KAR CNR: KAHC010300812026 NC: 2026:KHC:48261 WP No. 14230 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 14230 OF 2026 (GM-RES) BETWEEN: 1. SRI. GANGARAJU M G S/O LATE GANGAHANUMAIAH, AGED ABOUT 49 YEARS, 2. KUMAR M.G, S/O LATE GANGAHANUMAIAHA AGED ABOUT 45 YEARS, 3. SRI. HANUMANTHARAJU. G S/O LATE HANUMANTHARAJU, AGED ABOUT 53 YEARS, 4. SMT.SHARADAMMA W/O HANUMANTHARAJU D/O LATE GANGAPPA, AGED ABOUT 44 YEARS, ALL ARE R/O MASKAL VILLAGE, GULURU HOBLI, TUMKUR TALUK, TUMKUR DISTRICT - 572 101. …PETITIONERS (BY SRI. YOGESH.B.N. ADVOCATE FOR SRI. UMA SHANKAR. L, ADVOCATE) AND: RENUKAPPA S/O LATE SIDDAPPA, AGED ABOUT 52 YEARS, R/O CHOWDIBEGURU VILLAGE, Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010300812026 NC: 2026:KHC:48261 WP No. 14230 of 2026 MAGADI TALUK - 562 120 RAMANAGARA DISTRICT - 562 159. …RESPONDENT (BY SRI. HEGDE SHRIPAD GANGADHAR, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING AND SETTING ASIDE THE IMPUGNED ORDER DATED 21/02/2026 PASSED BY THE ADDL. SENIOR CIVIL JUDGE AND JMFC, MAGADI IN O.S.NO. 530/2025 (PRODUCED AS ANNEXURE-A HERETO DIRECT THE ADDL. SENIOR CIVIL JUDGE AND JMFC, MAGADI TO TAKE THE WRITTEN STATEMENT OF THE PETITIONERS ON RECORD AND TO ADJUDICATE O.S.NO. 530/2025 ON MERITS, SUBJECT TO SUCH COSTS AS THIS HON'BLE COURT MAY DEEM FIT TO IMPOSE UPON THE PETITIONERS FOR THE DELAY 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 C.M. POONACHA ORAL ORDER The present petition is filed seeking for the following reliefs: WHEREFORE, in view of the aforesaid facts and grounds, the Petitioners most respectfully pray that this Hon'ble Court be pleased to: (a) Declare that, the impugned Provision of Code of Civil Procedure (Karnataka Amendment) Act, 2024 (Karnataka Act No.40 of 2025) (Amending the Provision Relating to Mandatory timelines under order V and Order VIII) are Ultra Vires to the Constitution.) Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 3 - HC-KAR CNR: KAHC010300812026 NC: 2026:KHC:48261 WP No. 14230 of 2026 (b) Consequently, this Hon'ble Court be pleased to Strike Down the provisions as violation of the Article 14 and 21 of the Constitution of the India. (c) Issue a Writ of Certiorari or any other appropriate Writ, Order or Direction, quashing and setting aside the impugned order dated 21/02/2026 passed by the Addl. Senior Civil Judge and JMFC, Magadi in O.S.No. 530/2025 (produced as ANNEXURE-A hereto); (d) Direct the Addl. Senior Civil Judge and JMFC, Magadi to take the Written Statement of the Petitioners on record and to adjudicate O.S.No. 530/2025 on merits, subject to such costs as this Hon'ble Court may deem fit to impose upon the Petitioners for the delay; (e) Pass such other and further writ, order or direction as this Hon'ble Court may deem fit, having regard to the facts, circumstances and grounds set out herein, in the interest of justice and equity. 2. Petitioners assail the Karnataka Amendment Act, 2024, made to the Code of Civil Procedure, 1908, vide Karnataka Act No.40/2025 stipulating timeline for filing of written statement and other reliefs. 3. Having regard to the judgment of the Coordinate Bench of this Court in the case of Shri Basavaraj S. v. State of Karnataka1 the present petition is disposed of. This order 1 Order dated 28.07.2026 passed in WP.No.8032/2026 c/w WP.No.9372/2026, NC:2026:KHC:39343 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 4 - HC-KAR CNR: KAHC010300812026 NC: 2026:KHC:48261 WP No. 14230 of 2026 will not preclude the petitioners from availing remedies as permissible in law. (C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 70 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA