Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 42227 (KAR)

SRI. CHIKKAPPA v. SMT. ERAMMA

WP/25838/2026 · 2026-09-21

K V Aravind

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010567442026 NC: 2026:KHC:51785 WP No. 25838 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO.25838 OF 2026 (GM-CPC) BETWEEN: SRI. CHIKKAPPA, S/O PARASHIRAMAPPALA PARASAPPA, AGED ABOUT 45 YEARS, OCC AGRICULTURIST AND BUSINESS, R/AT DHODDABATI VILLAGE, DAVANAGERE DISTRICT. …PETITIONER (BY SRI. MARUTHI G B., ADVOCATE) AND: 1. SMT. ERAMMA, W/O LATE HANUMANTHAPPA, AGED ABOUT 73 YEARS, AGRICULTURIST, R/AT KYASAPURA VILLAGE, CHKKAPURA POST, CHITRADURGA TALUK AND DISTRICT - 577 501. 2. GANGAMMA, D/O LATE HANUMANTHAPPA, W/O BASAVARAJAPPA P.G. AGED ABOUT 64 YEARS, R/AT NO.2/6, NEAR DURGAMBIKA TEMPLE, NITUVALLI, DAVANAGERE - 577 001. 3. SMT. YASHODAMMA, W/O RUDRAPPA, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010567442026 NC: 2026:KHC:51785 WP No. 25838 of 2026 AGED ABOUT 62 YEARS, AGRICUTURIST, R/AT NARASIPURA VILLAGE, KOGGANURU POST, DAVANAGER TALUK AND DISTRICT - 577 001. 4. KENCHAMMA, D/O LATE HANUMANTHAPPA, W/O DHARMAPPA, AGED ABOUT 46 YEARS, R/AT GOURAHALLI VILLAGE, HARAPANAHALLI TALUK, VIJAYANAGARA DISTRICT - 560 040. 5. MALLAMMA, D/O LATE HANUMANTHAPPA, W/O ANJINAPPA, AGED ABOUT 44 YEARS, AGRICULTURIST, R/AT YALLAPURUA VIALLAGE, HARAPANAHALLI TALUK, VIJAYANAGAR DISTRICRT - 560 040. 6. HALAMMA, D/O LATE HANUMANTHAPPA, AGED ABOUT 36 YEARS, AGRICUTURIST, R/AT DHODDABATI VILLAGE, DAVANAGERE TALUK AND DISTRICT - 577 001. 7. MAHESHWARAPPA, AGED ABOUT 74 YEARS, AGRICULTURIST, R/AT HADADI VILLAGE, DAVANAGERE TALUK AND DISTRICT - 577 001. …RESPONDENTS - 3 - HC-KAR CNR: KAHC010567442026 NC: 2026:KHC:51785 WP No. 25838 of 2026 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 APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE ORDER DATED 16.07.2026 PASSED IN O.S. NO.300/2022 BY THE LEARNED II ADDL. SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE, MARKED AT ANNEXURE-A. AND DIRECT THE TRIAL COURT TO REOPEN THE STAGE AND RECEIVE THE WRITTEN STATEMENT OF DEFENDANT NOS.1(A) TO 1(E) ON RECORD AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER The present petition is filed assailing the order dated 16.07.2026 passed on I.A. Nos.2 and 3 in O.S. No.300/2022, whereby the application seeking permission to file the written statement has been rejected. The Trial Court, in the impugned order, has observed as under: "7. In the present case, though the defendant No.1(a to e) appeared through their counsel on 17-12-2022 till matter is reserved for judgment, the defendant No.1(a to e) have failed to file written statement nor to participate in the proceedings. There is delay of nearly more than four years in seeking leave to file written statement." 2. Learned counsel appearing for the petitioner is unable to dispute the finding recorded by the Trial Court, as extracted above. There are no bonafide reasons for not filing - 4 - HC-KAR CNR: KAHC010567442026 NC: 2026:KHC:51785 WP No. 25838 of 2026 written statement for more than 4 years. In the absence of any bonafide reasons, the petitioner is not entitled to extension of time to file written statement. In view of the above, this Court finds no reason to interfere with the finding recorded by the Trial Court. No grounds are made out to warrant interference. Accordingly, the writ petition is dismissed. Sd/- (K. V. ARAVIND) JUDGE DR List No.: 1 Sl No.: 19