- 1 - HC-KAR NC: 2026:KHC:18173 WP No. 10187 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 10187 OF 2026 (GM-CPC) BETWEEN: 1. THAMME GOWDA S/O LATE.SUBBE GOWDA @SUBRAMANYA, AGED ABOUT 85 YEARS, R/AT DODDAKUNDURU GRAMA, YASALUR HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT-573 137 2. SHANKARI GOWDA @SUBRAMANYA, S/O THAMME GOWDA @ SUBRAMANYA, AGED ABOUT 60 YEARS, R/AT DODDAKUNDURU GRAMA, YASALUR HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT-573 137 3. SACHIN, S/O SHANKARI GOWDA @SUBRAMANYA, AGED ABOUT 40 YEARS, R/AT DODDAKUNDURU GRAMA, YASALUR HOBLI, SAKALESHPURA TALUK, Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18173 WP No. 10187 of 2026 HASSAN DISTRICT-573 137 &PETITIONERS (BY SRI. CHANDRAPRABHA T S., ADVOCATE) AND: SRI HEMANTH YALE S/O SRI.RUDRASWAMY YALE, AGED ABOUT 48 YEARS, RESIDING AT NO.269, 3RD CROSS, NEAR DOMALUR CLUB, DOMALUR 2ND STAGE, BANGALORE- 560 071 &RESPONDENT (BY SRI. VARUN M R., ADVOCATE FOR C/R) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR RECORDS IN O.S.NO.108/2024 AND EXAMINE THE LEGALITY, PROPRIETY AND CORRECTNESS AND SET-ASIDE THE ORDER DATED 10.03.2026, PASSED BY THE C/C I ADDL. CIVIL JUDGE AND JMFC AT SAKALESHPURA, ON I.A.NO.III FILED UNDER SECTION 151 OF THE CODE OF CIVIL PROCEDURE AS PER ANNEXURE- A AND DIRECT THE TRIAL COURT TO TAKE THE WRITTEN STATEMENT OF DEFENDANT NO.2(A) ON RECORD IN O.S.NO.108/2024 AND AWARD COST. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD - 3 - HC-KAR NC: 2026:KHC:18173 WP No. 10187 of 2026 ORAL ORDER In this writ petition, the petitioners/defendants have called in question the order dated 10.03.2026 passed by I Addl. Civil Judge and JMFC., Sakaleshpura (the 8Trial Court9 for short) in O.S.No.108/2024 on I.A. No.III filed under Order VIII Rule 1(3) read with Section 151 of CPC, whereby the said application, seeking permission to file the written statement has been rejected on the ground that it was filed beyond 120 days from the date of service of summons and that the right of the defendant to file a written statement stands forfeited upon the expiry of the said period as per the Karnataka Amendment Act No.40/2025. 2. 2. For the sake of convenience, the parties herein are referred to as per their ranking before the Trial Court in the Original Suit. 3. The plaintiff has filed a suit in O.S.No.108/2024 for permanent injunction. Upon service of summons, the - 4 - HC-KAR NC: 2026:KHC:18173 WP No. 10187 of 2026 defendants appeared through their counsel and filed an application under Order VIII Rule 1(3) read with Section 151 of CPC seeking permission to file the written statement. The same came to be dismissed by the impugned order on the ground that in view of the Karnataka Act No.40/2025, the written statement is filed beyond 120 days from the date of service of summons and hence, the right of the defendants to file the written statement stands forfeited. 4. The said O.S.No.108/2024 is filed before 05.06.2025 i.e., before the said Act No.40/2025 came into force. This Court vide order dated 17.03.2026 in W.P.No.8067/2026 has held that if the suit is filed before the said Act No.40/2024 came into force, the amended provision/s with respect to filing of the written statement will not be applicable. 5. In view of the above, the following order is passed: - 5 - HC-KAR NC: 2026:KHC:18173 WP No. 10187 of 2026 (i) The writ petition is allowed. (ii) The order dated 10.03.2026 passed on I.A. No.III in O.S.No.108/2024 on the file of the I Addl. Civil Judge and JMFC., Sakaleshpura is set aside. (iii) The trial Court is directed to re-consider the application i.e., I.A. No.III filed by the petitioners/defendants in accordance with law and without reference to the Karnataka Act No.40/2025, by the end of June 2026. Sd/- (H.T. NARENDRA PRASAD) JUDGE PSJ List No.: 1 Sl No.: 39