- 1 - HC-KAR NC: 2026:KHC:6144 WP No. 2374 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.2374 OF 2025 (GM-CPC) BETWEEN: RANGARAJU S/O RANGANNAPPA AGED ABOUT 53 YEARS R/O GULAHARIVE VILLAGE, GULUR HOBLI, TUMAKURU TALUK 572 216 …PETITIONER (BY SRI. PAVAN KUMAR G., ADVOCATE) AND: 1. SMT. H. G. JAGANMATHA D/O H.M.GURUPALAKSHA AGED ABOUT 50 YEARS R/O “SIDDESH NILAYA” BEHIND HMS COLLEGE, NRUPATHUNGA EXTENSION, SHETTIHALLI MAIN ROAD, TUMAKURU CITY - 572 114 2. RANGANNAPPA S/O DODDARANGAIAH AGED ABOUT 74 YEARS 3. NAGARATHNA D/O RANGANNAPPA AGED ABOUT 44 YEARS R2 & R3 ARE R/O GULAHARIVE VILLAGE, GULUR HOBLI, TUMAKURU TALUK - 572 216 …RESPONDENTS Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6144 WP No. 2374 of 2025 (BY SRI. SRINIVASA D C.,ADVOCATE FOR R1; NOTICE TO R2 & R3 ARE D/W) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH IMPUGNED ORDER 11.11.2024 IN O.S. NO. 147/2018 BY THE II ADDITIONAL SENIOR CIVIL JUDGE, TUMAKURU ON INTERIM APPLICATION UNDER SECTION 151 OF CIVIL PROCEDURE CODE AS FOUND AT ANNX-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by defendant No.2 in O.S.No.147/2018 on the file of the II Addl. Senior Civil Judge, Tumakuru (for short “the Trial Court”) is directed against the impugned order dated 11.11.2024, whereby the application filed by the petitioner on 02.08.2024 for permission to file written statement by condoning the delay was rejected by the Trial Court. 2. Heard learned counsel for the petitioner and learned counsel for respondent No.1 and perused the material on record. 3. For the order proposed notice to respondent Nos.2 and 3 is dispensed with. - 3 - HC-KAR NC: 2026:KHC:6144 WP No. 2374 of 2025 4. A perusal of the material on record will indicate that in the first instance, the aforesaid suit in O.S.No.148/2018 filed by respondent No.1-plaintiff against the petitioner-defendant No.2 and respondent Nos.2 and 3 – defendant Nos.1 and 3 was decreed in favour of the plaintiff against the defendants vide judgment and decree dated 02.08.2022 passed by the Trial Court. Aggrieved by the said Judgment and Decree, the defendants approached this Court in RFA No.1672/2022, which was allowed by this Court, which set aside the Judgment and Decree of the Trial Court and remitted the matter back to the Trial Court for reconsideration of the matter afresh, in accordance with law. The operative portion of the said judgment passed by this Court is as under: “16. In the result, the following: ORDER (i) Appeal is allowed. (ii) The suit is restored to the file of II Additional Senior Civil Judge and JMFC, Tumakuru to the stage of evidence, with a direction to dispose of the suit expeditiously subject to appellants paying cost of Rs.50,000/- to the respondent; and - 4 - HC-KAR NC: 2026:KHC:6144 WP No. 2374 of 2025 (iii) Parties are directed to appear before the Trial Court without notice on 05.09.2023. (iv) Registry shall refund the Court fee in accordance with law.” 5. Subsequently, instead of filing written statement, the petitioner kept taking adjournments and filed an application on 02.08.2024 for permission to file written statement. The said application having been opposed by the plaintiff, the Trial Court proceeded to pass the impugned order declining to show any indulgence in favour of the petitioner, who is before this court by way of the present petition. 6. Learned counsel for the petitioner submits that the petitioner has good defence to urge on merits and undertakes to co-operate with the Trial Court for expeditious disposal of the suit and would abide by any terms and conditions that would be imposed by this Court for the purpose of taking his written statement on record and the Trial Court may be directed to dispose of the suit, as expeditiously as possible. 7. Per contra learned counsel for respondent No.1- plaintiff submits that the Trial Court may be directed to receive the - 5 - HC-KAR NC: 2026:KHC:6144 WP No. 2374 of 2025 written statement of the petitioner on record and with a direction to the Trial Court to dispose of the suit within a period of six months from the next date of hearing. 8. In view of the aforesaid facts and circumstances, I deem it just and appropriate to adopt a justice oriented approach and set aside the impugned order and direct the Trial Court to receive the written statement filed by the petitioner by imposing certain conditions: 9. In the result, I pass the following: ORDER (i) The petitioner is allowed. (ii) The impugned order dated 11.11.2024 passed in O.S.No.147/2018 on the file of the II Addl. Senior Civil Judge, Tumakuru, is hereby set aside. (iii) The application filed by the petitioner under Section 151 CPC for permission to file written statement is allowed. - 6 - HC-KAR NC: 2026:KHC:6144 WP No. 2374 of 2025 (iv) The written statement of petitioner-defendant No.2 is directed to be received on record by the Trial Court. (v) The Trial Court shall dispose of the suit on merits within a period of four months from the next date of hearing i.e., 20.02.2026.. (vi) 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 BMC: List No.: 1 Sl No.: 27