- 1 - HC-KAR NC: 2026:KHC:21795 WP No. 35477 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 35477 OF 2025 (GM-CPC) BETWEEN: SRI. VIJAY KUMAR S S/O LATE SIDDAGANGAPPA AGED ABOUT 43 YEARS, R/AT NEAR GOVERNMENT SCHOOL DARGAJOGIHALLI VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT-561 203 …PETITIONER (BY SRI. VENKATESH S ARBATTI, ADVOCATE FOR SRI. K S HARISH., ADVOCATE) AND: 1. SRI MUNIRAJU (SINCE DEAD REPRESENTED BY HIS LRS, RESPONDENT NOS.1 AND 2) SRI. VISHWANATH S/O MUNIRAJU AGED ABOUT 39 YEARS 2. SMT. YASHODHA, D/O MUNIRAJU AGED ABOUT 28 YEARS, Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21795 WP No. 35477 of 2025 BOTH R/AT NO.30 THAMMENAHALLI VILLAGE, ELIYURU POST, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562110 3. SMT. AKKAYAMMA (SINCE DEAD REPRESENTED BY HER LR RESPONDENT NO.3) SRI. MANJUNATHA S/O CHINAPPA AND AKKAYAMMA AGED ABOUT 45 YEARS R/AT NO.2253, WARD NO.29, KACHERIPALYA, DODDABALLAPURA-561203 4. SMT. AMMAIAH, W/O SRI. RAMESH H.S AGED ABOUT 52 YEARS R/AT NO.268, OLURU VILLAGE, KOLAR TALUK AND DISTRICT-563126 5. SRI. GANESH S/O LATE SRI GUNDAPPA AGED ABOUT 49 YEARS R/AT NO.2501, SAVEEAKANNAMMA TEMPLE ROAD, KACHERIPALYA, DODDABALLAPURA-561203 6. SMT. MAHADEVI D/O LATE GUNDAPPA AGED ABOUT 48 YEARS R/AT NO.2172, WARD NO.29 KACHERIPALYA, DODDABALLAPURA-561203 SRI VENKATESH (DEAD) - 3 - HC-KAR NC: 2026:KHC:21795 WP No. 35477 of 2025 7. NO LRS SRI. RAMU S/O LATE GUNDAPPA AGED ABOUT 29 YEARS R/AT NO.2172, WARD NO.29 KACHERIPALYA, DODDABALLAPURA – 561203 8. SRI. LAKSHMANA S/O LATE GUNDAPPA AGED ABOUT 29 YEARS RESIDING AT NO.2253, WARD NO.29, KACHERIPALYA, DODDABALLAPURA – 561203 9. SMT. ANUSUYAMMA. W/O LATE SRI MOTAPPA AGED ABOUT 50 YEARS R/AT OPP. TO SIRA POLICE STATION, JAIPURA, TUMKUR DISTRICT 10. SRI. MANJUNATHA, S/O LATE SRI MOTAPPA, AGED ABOUT 37 YEARS R/AT 29TH WARD, KACHERIPALYA, DODDABALLAPURA 11. SRI. MUNIRAJU, S/O LATE SRI GUNDAPPA, AGED ABOUT 59 YEARS R/AT NO 56, A.K COLONY, JAYMAHAL EXTENTION, BANGALORE-560006. 12. SMT. PILLA GANAMMA, W/O LATE SRI DODDAMUNISHAMIAH, AGED ABOUT 83 YEARS - 4 - HC-KAR NC: 2026:KHC:21795 WP No. 35477 of 2025 13. SRI. GOVINDAPPA S/O LATE SRI DODDAMUNISHAMIAH, AGED ABOUT 63 YEARS 14. SRI. NARSIMHAMURTHY S/O LATE SRI DODDAMUNISHAMIAH, AGED ABOUT 60 YEARS 15. SRI. MUNIRAJU S/O OF LATE SRI DODDAMUNISHAMIAH, AGED ABOUT 60 YEARS 16. SRI. DEVARAJA S/O OF LATE SRI DODDAMUNISHAMIAH, AGED ABOUT 60 YEARS R12 TO R16 ARE R/AT 29TH WARD, KACHERIPALYA DODDABALLAPURA-563126 17. SMT. NAGAMANI W/O SRI RAVINDRA AGED ABOUT 63 YEARS R/AT NO.33, NGEF LAYOUT, SANJAYANAGAR, BANGALORE 18. SMT. VIJAYA W/O VISHWANATH. K AGED ABOUT 54 YEARS R/AT NO.18TH CROSS, 1ST MAIN ROAD, HEBBAL, BANGALORE-560024 19. SMT. PARIJATHA W/O PRAKASH K AGED ABOUT 52 YEARS R/AT 18TH CROSS, 1ST MAIN ROAD, HEBBAL, BANGALORE-560024 - 5 - HC-KAR NC: 2026:KHC:21795 WP No. 35477 of 2025 20. SRI. SHIVASHANKAR S/O SRI. B KRISHNAPPA AGED ABOUT 68 YEARS R/AT SHIVASHRI NILAYA, NO.17/72, AYYAPPA TEMPLE ROAD, SHABRINAGARA BYTARAYANAPURA, BANGALORE-560092 21. SMT. MUNIRATHNAMMA.N D/O LATE SRI NARYANAPPA AGED ABOUT 57 YEARS 22. SRI. JAGADEESH.N S/O LATE SRI NARYANAPPA AGED ABOUT 54 YEARS 23. SMT. SHOBHA D/O LATE SRI NARYANAPPA AGED ABOUT 44 YEARS 24. SRI. SAMPATH N S/O LATE SRI NARYANAPPA AGED ABOUT 47 YEARS 25. SRI. SURESH.N S/O LATE SRI NARYANAPPA AGED ABOUT 44 YEARS 26. SRI. SATISH.N S/O LATE SRI NARYANAPPA AGED ABOUT 42 YEARS 27. SMT. PARVATHI.N D/O LATE SRI NARYANAPPA AGED ABOUT 40 YEARS R21 TO R27 ARE R/AT WARD NO.29 KACHERIPALYA, DODDABALLAPURA - 6 - HC-KAR NC: 2026:KHC:21795 WP No. 35477 of 2025 28. SRI K.T. KRISHNAPPA S/O LATE SRI THIMMA HANUMAIAH AGED ABOUT 54 YEARS R/AT KAMANA AGRAHARA VILLAGE, KOLIGERE POST, DODDABELEHONGALA HOBLI, DODDABALLAPURA TALUK 29. SRI. NAGESH S/O KRISHNAPPAARGA AGED ABOUT 49 YEARS R/AT DARGA JOGAHALLI, MAIN ROAD, 23RD CROSS, DARGAJOGIHALLI, NEW LAYOUT, KASABA HOBLI, SHANTHINAGARA, DODDABALLAPURA TOWN 30. SRI. NARAYANASWAMY S/O LATE CHICKMANGAIAH AGED ABOUT 56 YEARS 31. SRI. ASHWATHANARAYANA S/O LATE CHICKMANGAIAH AGED ABOUT 54 YEARS 32. SRI NAGARAJA S/O LATE CHICKMANGAIAH AGED ABOUT 50 YEARS 33. SRI GUNDAPPA S/O LATE CHICKMANGAIAH AGED ABOUT 48 YEARS 34. SRI MANJUNATHA S/O LATE CHICKMANGAIAH AGED ABOUT 46 YEARS 35. SRI SRINIVAS MURTHY S/O LATE CHICKMANGAIAH AGED ABOUT 54 YEARS - 7 - HC-KAR NC: 2026:KHC:21795 WP No. 35477 of 2025 36. SMT MANJULA D/O OF LATE SANJEEVAPPA AGED ABOUT 47 YEARS 37. SMT SHYAMALA D/O LATE SANJEEVAPPA AGED ABOUT 45 YEARS 38. SMT SHANTHI D/O LATE SANJEEVAPPA AGED ABOUT 43 YEARS 39. SMT LAKSHMI D/O LATE SANJEEVAPPA AGED ABOUT 41 YEARS 40. SRI GOVINDA S/O LATE SRI SANJEEVAPPA AGED ABOUT 29 YEARS 41. SMT GANGAMMA D/O LATE SRI SANJEEVAPPA AGED ABOUT 37 YEARS 42. SMT SARASWATHI D/O LATE SANJEEVAPPA AGED ABOUT 34 YEARS 43. SRI GANGADHARA S/O LATE SRI SANJEEVAPPA AGED ABOUT 32 YEARS R30 TO R43 ARE ALL R/AT WARD NO.29, KACHERI PALYA, DODDABALLAPURA TOWN. 44. SMT K R SHANTHA W/O SURESH AGED MAJOR - 8 - HC-KAR NC: 2026:KHC:21795 WP No. 35477 of 2025 R/AT NO. 213 SADASHIVNAGAR, BENGALURU. …RESPONDENTS (BY SRI. GURURAJA SHETTY K., ADVOCATE FOR R1 TO R8) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 27.09.2025 PASSED BY THE HON'BLE ADDL. SENIOR CIVIL JUDGE AT DODDABALLAPURA IN OS NO. 146/2025 AT ANNEXURE-A IN DISMISSING THE INTERLOCUTORY APPLICATION FILED BY THE PETITIONER/THIRTY SEVENTH DEFENDANT UNDER SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 PRAYING THE HON'BLE TRIAL COURT TO PERMIT HIM TO FILE HIS WRITTEN STATEMENT ON RECORD AND CONTEST THE SUIT ON MERITS BY CONDONING THE DELAY, IF ANY IN FILING THE WRITTEN STATEMENT AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER In this writ petition, the petitioners called in question the order dated 27.09.2025 passed by the Court of Additional Senior Civil Judge, Doddaballapura (for short the ‘Trial Court’) on the application filed by the petitioner/defendant No.37 under Section 151 of CPC in OS No.146/2015, whereby the said application seeking permission to file the written statement has been rejected. - 9 - HC-KAR NC: 2026:KHC:21795 WP No. 35477 of 2025 2. For the sake of convenience, the parties herein are referred to as per their ranking before the Trial Court. 3. The plaintiff has filed a suit for declaration. Summons has been served to the petitioner in the year 2015. After lapse of more than 10 years, the application seeking permission to file the written statement has been filed. Since there is a delay and the delay is not properly explained, the Trial Court has rejected the said application. 4. Learned counsel appearing for the petitioner submits that, the petitioner's father was suffering from cancer. Petitioner was unable to instruct the counsel to file a written statement. 5. Be that as it may, even in the year 2024, the service of summons to the other defendants had not been completed. The application has been filed in 2025, however, even in 2024, the service was not yet completed. Now, the matter is posted for evidence. Considering this aspect of the matter and also in the - 10 - HC-KAR NC: 2026:KHC:21795 WP No. 35477 of 2025 interest of justice, this Court is of the opinion that, by imposing cost, the application may be allowed. 5. Accordingly, this writ petition is allowed (i) Order dated 27.09.2025 is set aside; (ii) The application filed by the petitioner along with the written statement is allowed and the written statement is directed to be taken on record, subject to the condition that the petitioner has to pay a cost of Rs.25,000/- to the plaintiffs therein, and the same shall be payable by the next date of hearing. Sd/- (H.T. NARENDRA PRASAD) JUDGE PA List No.: 1 Sl No.: 13