- 1 - HC-KAR NC: 2026:KHC:3818 WP No. 490 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 490 OF 2026 (GM-CPC) BETWEEN: 1. SRI. L. P. MANJUNATH, S/O LAKSHMAIAH, AGED ABOUT 54 YEARS, R/AT NO.26/35, 10TH 'C' MAIN, 3RD CROSS, JAYANAGAR 1ST BLOCK, BENGALURU – 560 011. 2. L. P. SRINIVAS, S/O LAKSHMAIAH, AGED ABOUT 56 YEARS, R/AT NO.27/36/1, 10TH 'C' MAIN, 3RD CROSS, JAYANAGAR 1ST BLOCK, BENGALURU – 560 011. 3. SRI L. P. SURESH, S/O.LAKSHMAIAH, AGED ABOUT 40 YEARS, R/AT NO.27/35, 10TH 'C' MAIN, 3RD CROSS, JAYANAGAR 1ST BLOCK, BENGALURU – 560 011 4. SMT. L. PADMA, W/O.BYRAPPA D/O. LAKSHMAIAH AGED ABOUT 62 YEARS, R/AT NO.327, 16TH 'A' MAIN, 35TH CROSS, JAYANAGAR 'T' BLOCK, JAYANAGAR, BENGALURU – 560 045. 5. SMT. L. P. SUJATHA, DEAD BY HER LR'S NEETHA B.G, D/O L. P. SUJATHA W/O S. R. ANAND KUMAR, AGED ABOUT 38 YEARS, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:3818 WP No. 490 of 2026 R/AT NO.426, 8TH ‘A’ MAIN, H.B.R LAYOUT, KALYAN NAGAR, BENGALURU – 560 048 6. NIKITHA B. G., D/O L. P. SUJATHA W/O SRIHARI, AGED ABOUT 36 YEARS, R/AT NO.2530, ‘VAISHNAVI HEAVEN’, 2ND FLOOR, FLAT NO.201, 14TH MAIN ROAD, 2ND STAGE, KUMARASWAMY LAYOUT, BENGALURU – 560 078 7. SMT. SUSHEELAMMA, DEAD BY HER LR'S SRI. L. P. SRINIVAS S/O LAKSHMAIAH, AGED ABOUT 52 YEARS, R/AT NO.27/36/1, 10TH 'C' MAIN, 3RD CROSS, JAYANAGAR 1ST BLOCK, BENGALURU – 560 011 …PETITIONERS (BY SRI. SHANKARAPPA, ADVOCATE) AND: RAJA DATTA S/O RAJA JAYASHANKAR AGED ABOUT 54 YEARS R/AT “MEENAKSHI MANOR”, G-I, 'SAI SNEHA NIVAS', NO. 14/2, 10TH 'D' MAIN, 5TH CROSS, JAYANAGAR 1ST BLOCK, BENGALURU – 560 011 …RESPONDENT (BY SRI. V. B. SHIVAKUMAR, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 03.12.2025 I.A FOR RECALLING U/S 151 OF CPC FOR FILING WRITTEN STATEMENT AS ANNX-A PASSED BY THE IX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN O.S.NO. 192/2021. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:3818 WP No. 490 of 2026 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the defendants in O.S.No.192/2021 on the file of IX Additional City Civil & Sessions Judge, Bengaluru, is directed against the impugned order dated 03.12.2025, whereby the applications filed by the petitioners to recall the order dated 21.06.2024 and for permission to file the written statement were rejected by the trial Court. 2. Heard learned counsel for the petitioners and learned counsel for the respondent and perused the material on record. 3. Learned counsel for both sides jointly submit that having regard to the impugned order dated 03.12.2025, which does not disclose valid or cogent reasons assigned by the trial Court for rejecting the applications, the impugned order may be set aside and the matter be remitted back to the trial Court for reconsideration of the applications afresh in accordance with law. 4. The aforesaid submission is placed on record. 5. In the result, I pass the following: - 4 - HC-KAR NC: 2026:KHC:3818 WP No. 490 of 2026 ORDER i) The petition is hereby allowed. ii) The impugned order dated 03.12.2025 passed in O.S.No.192/2021 on the file of IX Additional City Civil and Sessions Judge, Bengaluru, is hereby set aside. iii) The matter is remitted back to the Trial Court for reconsideration of the applications filed by the petitioners afresh in accordance with law. iv) All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 20