- 1 - HC-KAR CNR: KAHC010639302026 NC: 2026:KHC:52631 WP No. 29271 of 2026 C/W WP No. 29563 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 29271 OF 2026 (GM-CPC) C/W WRIT PETITION NO. 29563 OF 2026 (GM-CPC) IN WP No. 29271/2026 BETWEEN: 1. SRI RAJESHA S/O. LATE SRI. JAVARASHETTY, AGED ABOUT 45 YEARS, BUSINESS, R/AT EDIGARA BIDI, KOPPA VILLAGE, KOPPA HOBLI, MADDUR TALUK - 571 428. 2. SRI. C. N. RAMAKRISHNA, S/O. LATE SRI. NINGASHETTY @ NINGAPPAJI, AGED ABOUT 48 YEARS, AUTO DRIVER, R/AT. CHIKKONAHALLI VILLAGE, KOPPA HOBLI, MADDUR TALUK - 571 428. 3. SMT. KUMARI. P W/O. SRI. RAMAKRISHNA C.N., AGED ABOUT 42 YEARS, HOUSEWIFE, R/AT. CHIKKONAHALLI VILLAGE, KOPPA HOBLI, MADDUR TALUK - 571 428. …PETITIONERS (BY SRI. MANJUNATH M. HEGDE, ADVOCATE) Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010639302026 NC: 2026:KHC:52631 WP No. 29271 of 2026 C/W WP No. 29563 of 2026 AND: 1. SRI C N RAJU S/O. LATE SRI. NINGASHETTY @ NINGAPPAJI, AGED ABOUT 57 YEARS, AUTO DRIVER, R/AT 29, A. CROSS, 3RD MAIN, BYATARAYANAPURA, NEW EXTENSION, MYSORE ROAD, BANGALORE - 560 026. 2. KUM. R. VARALAKSHMI, D/O. SRI. C. N. RAJU, AGED ABOUT 28 YEARS, STUDENT, R/AT 29, A. CROSS, 3RD MAIN, BYATARAYANAPURA, NEW EXTENSION, MYSORE ROAD, BANGALORE - 560 026. 3. KUM. R. VENKATALAKSHMI, D/O. SRI. C.N. RAJU, AGED ABOUT 27 YEARS, STUDENT, R/AT 29, A. CROSS, 3RD MAIN, BYATARAYANAPURA, NEW EXTENSION, MYSORE ROAD, BANGALORE - 560 026. 4. SMT. LAKSHMAMMA, W/O. LATE SRI. JAVARASHETTY, AGED ABOUT 67 YEARS, HOUSEWIFE, R/AT EDIGARA BIDI, KOPPA VILLAGE, KOPPA HOBLI, MADDUR TALUK - 571 428. 5. SMT. SAVITHRAMMA, D/O. LATE SRI. JAVARASHETTY, AGED ABOUT 47 YEARS, HOUSEWIFE, R/AT EDIGARA BIDI, KOPPA VILLAGE, KOPPA HOBLI, MADDUR TALUK - 571 428. 6. SMT. LAKSHMI, D/O. LATE SRI. JAVARASHETTY, - 3 - HC-KAR CNR: KAHC010639302026 NC: 2026:KHC:52631 WP No. 29271 of 2026 C/W WP No. 29563 of 2026 AGED ABOUT 42 YEARS, R/AT EDIGARA BIDI, KOPPA VILLAGE, KOPPA HOBLI, MADDUR TALUK - 571 428. 7. SMT. SUSHMITHA, D/O, LATE SRI. KRISHNAPPA, AGED ABOUT 34 YEARS, HOUSE WIFE, R/AT NO. 289, 2ND CROSS, RAYSINGH LAYOUT, HOSAKOTE, BANGALORE RURAL DISTRICT - 562 114. 8. SRI. GOWTHAM, S/O. LATE SRI. KRISHNAPPA, AGED ABOUT 32 YEARS, GOVT. OFFICER, R/AT NO. 289, 2ND CROSS, RAYSINGH LAYOUT, HOSAKOTE, BANGALORE RURAL DISTRICT - 562 114. 9. SRI. S. K. RAVI, S/O. LATE SRI. KRISHNASHETTY, AGED ABOUT 51 YEARS, PRIVATE EMPLOYEE, R/AT M. HONNENAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 401. 10. SRI. GOUTHAM, S/O. SRI. S. K. RAVI, AGED ABOUT 26 YEARS, R/AT M. HONNENAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 401. 11. KUM. MANASA, D/O SRI. S. K. RAVI, AGED ABOUT 23 YEARS, R/AT M. HONNENAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK - 4 - HC-KAR CNR: KAHC010639302026 NC: 2026:KHC:52631 WP No. 29271 of 2026 C/W WP No. 29563 of 2026 MANDYA DISTRICT - 571 401. 12. SMT. NETHRAVATHI, W/O. SRI. SATHISH, AGED ABOUT 38 YEARS, HOUSEWIFE, R/AT. NO.50/27, 11TH MAIN ROAD, 4TH BLOCK, WARD NO.12, NANDINI LAYOUT, BANGALORE - 560 096. 13. SRI. BORASHETTY, S/O. LATE SRI. SIDDASHETTY, AGED ABOUT 67 YEARS, RETIRED GOVT. EMPLOYEE, R/AT EDIGARA BIDI, KOPPA VILLAGE, KOPPA HOBLI, MADDUR TALUK - 571 428. 14. SMT. JAYALAKSHMI W/O. LATE SRI. PUTTARAJU, AGED ABOUT 52 YEARS, R/AT. EDIGARA BIDI, KOPPA VILLAGE, KOPPA HOBLI, MADDUR TALUK - 571 428. 15. SRI. ANIL, S/O. LATE SRI. PUTTARAJU, AGED ABOUT 40 YEARS, R/AT. EDIGARA BIDI, KOPPA VILLAGE, KOPPA HOBLI, MADDUR TALUK - 571 428. 16. SRI. RAVI, S/O. LATE SRI. PUTTARAJU, AGED ABOUT 37 YEARS, R/AT. EDIGARA BIDI, KOPPA VILLAGE, KOPPA HOBLI, MADDUR TALUK - 571 428. …RESPONDENTS - 5 - HC-KAR CNR: KAHC010639302026 NC: 2026:KHC:52631 WP No. 29271 of 2026 C/W WP No. 29563 of 2026 (VIDE O/D 23.09.2026 NOTICE TO RESPONDENTS IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASHING THE IMPUGNED ORDER DATED 24.03.2026 PASSED ON I.A. NO. 8 BY THE 1ST ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., MADDUR IN O.S. NO.166/2024, WHICH ARE FOUND AT ANNEXURE-F TO THE WRIT PETITION AND ETC,. IN WP NO. 29563/2026 BETWEEN: 1. SRI RAJESHA S/O. LATE SRI. JAVARASHETTY, AGED ABOUT 45 YEARS, BUSINESS, R/AT EDIGARA BIDI, KOPPA VILLAGE, KOPPA HOBLI, MADDUR TALUK - 571 428. 2. SRI. C. N. RAMAKRISHNA, S/O. LATE SRI. NINGASHETTY @ NINGAPPAJI, AGED ABOUT 48 YEARS, AUTO DRIVER, R/AT. CHIKKONAHALLI VILLAGE, KOPPA HOBLI, MADDUR TALUK - 571 428. 3. SMT. KUMARI. P W/O. SRI. RAMAKRISHNA C.N., AGED ABOUT 42 YEARS, HOUSEWIFE, R/AT. CHIKKONAHALLI VILLAGE, KOPPA HOBLI, MADDUR TALUK - 571 428. …PETITIONERS (BY SRI. MANJUNATH M. HEGDE, ADVOCATE) - 6 - HC-KAR CNR: KAHC010639302026 NC: 2026:KHC:52631 WP No. 29271 of 2026 C/W WP No. 29563 of 2026 AND: 1. SRI C N RAJU S/O. LATE SRI. NINGASHETTY @ NINGAPPAJI, AGED ABOUT 57 YEARS, AUTO DRIVER, R/AT 29, A. CROSS, 3RD MAIN, BYATARAYANAPURA, NEW EXTENSION, MYSORE ROAD, BANGALORE - 560 026. 2. KUM. R. VARALAKSHMI, D/O. SRI. C. N. RAJU, AGED ABOUT 28 YEARS, STUDENT, R/AT 29, A. CROSS, 3RD MAIN, BYATARAYANAPURA, NEW EXTENSION, MYSORE ROAD, BANGALORE - 560 026. 3. KUM. R. VENKATALAKSHMI, D/O. SRI. C.N. RAJU, AGED ABOUT 27 YEARS, STUDENT, R/AT 29, A. CROSS, 3RD MAIN, BYATARAYANAPURA, NEW EXTENSION, MYSORE ROAD, BANGALORE - 560 026. 4. SMT. LAKSHMAMMA, W/O. LATE SRI. JAVARASHETTY, AGED ABOUT 67 YEARS, HOUSEWIFE, R/AT EDIGARA BIDI, KOPPA VILLAGE, KOPPA HOBLI, MADDUR TALUK - 571 428. 5. SMT. SAVITHRAMMA, D/O. LATE SRI. JAVARASHETTY, AGED ABOUT 47 YEARS, HOUSEWIFE, R/AT EDIGARA BIDI, KOPPA VILLAGE, KOPPA HOBLI, MADDUR TALUK - 571 428. 6. SMT. LAKSHMI, D/O. LATE SRI. JAVARASHETTY, - 7 - HC-KAR CNR: KAHC010639302026 NC: 2026:KHC:52631 WP No. 29271 of 2026 C/W WP No. 29563 of 2026 AGED ABOUT 42 YEARS, R/AT EDIGARA BIDI, KOPPA VILLAGE, KOPPA HOBLI, MADDUR TALUK - 571 428. 7. SMT. SUSHMITHA, D/O, LATE SRI. KRISHNAPPA, AGED ABOUT 34 YEARS, HOUSE WIFE, R/AT NO. 289, 2ND CROSS, RAYSINGH LAYOUT, HOSAKOTE, BANGALORE RURAL DISTRICT - 562 114. 8. SRI. GOWTHAM, S/O. LATE SRI. KRISHNAPPA, AGED ABOUT 32 YEARS, GOVT. OFFICER, R/AT NO. 289, 2ND CROSS, RAYSINGH LAYOUT, HOSAKOTE, BANGALORE RURAL DISTRICT - 562 114. 9. SRI. S. K. RAVI, S/O. LATE SRI. KRISHNASHETTY, AGED ABOUT 51 YEARS, PRIVATE EMPLOYEE, R/AT M. HONNENAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 401. 10. SRI. GOUTHAM, S/O. SRI. S. K. RAVI, AGED ABOUT 26 YEARS, R/AT M. HONNENAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 401. 11. KUM. MANASA, D/O SRI. S. K. RAVI, AGED ABOUT 23 YEARS, R/AT M. HONNENAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK - 8 - HC-KAR CNR: KAHC010639302026 NC: 2026:KHC:52631 WP No. 29271 of 2026 C/W WP No. 29563 of 2026 MANDYA DISTRICT - 571 401. 12. SMT. NETHRAVATHI, W/O. SRI. SATHISH, AGED ABOUT 38 YEARS, HOUSEWIFE, R/AT. NO.50/27, 11TH MAIN ROAD, 4TH BLOCK, WARD NO.12, NANDINI LAYOUT, BANGALORE - 560 096. 13. SRI. BORASHETTY, S/O. LATE SRI. SIDDASHETTY, AGED ABOUT 67 YEARS, RETIRED GOVT. EMPLOYEE, R/AT EDIGARA BIDI, KOPPA VILLAGE, KOPPA HOBLI, MADDUR TALUK - 571 428. 14. SMT. JAYALAKSHMI W/O. LATE SRI. PUTTARAJU, AGED ABOUT 52 YEARS, R/AT. EDIGARA BIDI, KOPPA VILLAGE, KOPPA HOBLI, MADDUR TALUK - 571 428. 15. SRI. ANIL, S/O. LATE SRI. PUTTARAJU, AGED ABOUT 40 YEARS, R/AT. EDIGARA BIDI, KOPPA VILLAGE, KOPPA HOBLI, MADDUR TALUK - 571 428. 16. SRI. RAVI, S/O. LATE SRI. PUTTARAJU, AGED ABOUT 37 YEARS, R/AT. EDIGARA BIDI, KOPPA VILLAGE, KOPPA HOBLI, MADDUR TALUK - 571 428. …RESPONDENTS - 9 - HC-KAR CNR: KAHC010639302026 NC: 2026:KHC:52631 WP No. 29271 of 2026 C/W WP No. 29563 of 2026 (VIDE O/D 23.09.2026 NOTICE TO RESPONDENTS IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASHING THE IMPUGNED ORDER DATED 25.07.2026 PASSED ON I.A. NO. 9 BY THE 1ST ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., MADDUR IN O.S. NO.166/2024, WHICH ARE FOUND AT ANNEXURE-J RESPECTIVELY TO THE WRIT PETITION AND ETC,. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER These writ petitions impugn the order passed on I.A. No.8, rejecting the petitioners’ prayer for permission to file the written statement, and the order passed on I.A. No.9, rejecting the application seeking recall of the order passed on I.A. No.8, both dated 24.03.2026. 2. The plaintiffs instituted a suit for partition and separate possession. As is evident from the impugned order, the petitioners were placed ex parte on 10.12.2024. Thereafter, the said order was recalled. However, the application filed by the - 10 - HC-KAR CNR: KAHC010639302026 NC: 2026:KHC:52631 WP No. 29271 of 2026 C/W WP No. 29563 of 2026 petitioners seeking permission to file the written statement came to be rejected. 3. Learned counsel for the petitioners, reiterating the grounds urged in the writ petition, submits that, when the amendment to the pleadings was permitted after the appearance of the petitioners, the petitioners would be entitled to file their written statement. It is further submitted that, in any event, in view of the judgment of this Court in Writ Petition No.8032/2026 dated 28.07.2026, the period of 120 days prescribed under the Karnataka Amendment Act, 2024, is not mandatory and that it is open to the Court to permit filing of the written statement belatedly. 4. Considered the submissions of learned counsel for the petitioners. 5. Considering the limited direction proposed to be issued, notice to the respondents is unnecessary and is accordingly dispensed with. Even if notice were to be issued to the respondents, the same would unnecessarily delay the suit and prejudice the rights of the parties. - 11 - HC-KAR CNR: KAHC010639302026 NC: 2026:KHC:52631 WP No. 29271 of 2026 C/W WP No. 29563 of 2026 6. Considering that the suit is one for partition, if the petitioners are not permitted to file their written statement raising a valid defence, it may lead to multiplicity of proceedings. Further, permitting the petitioners to file the written statement would assist both parties and also facilitate a comprehensive and complete adjudication of the dispute between them. It is also to be taken note of that, when the statute prescribes a period within which the written statement is to be filed, though such period can be extended by the Court, the prejudice likely to be caused to the other parties by permitting such belated filing is required to be compensated. In that view of the matter, this Court is inclined to entertain both the petitions. Accordingly, the following order is passed: ORDER i. Writ petitions are allowed. ii. The order dated 24.03.2026 and 25.07.2026 are set aside. - 12 - HC-KAR CNR: KAHC010639302026 NC: 2026:KHC:52631 WP No. 29271 of 2026 C/W WP No. 29563 of 2026 iii. I.A.No.8 is hereby allowed permitting filing of written statement, subject to the petitioners paying cost of Rs.15,000/- to the plaintiffs. iv. In view of order on I.A.No.8, I.A.No.9 is rendered infructuous. Sd/- (K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 22