- 1 - HC-KAR NC: 2026:KHC:351 WP No. 25459/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.25459/2025 (GM-CPC) BETWEEN: 1. SMT. NAGINA BANU W/O LATE SRI BASHEER AHMED AGED ABOUT 59 YEARS R/O DODDAHOSUR VILLAGE KOPPA POST HARANAHALLI HOBLI PERIYAPATNA TALUK MYSURU 571 104. 2. SRI IMTIAZ KHAN S/O LATE SRI BASHEER AHMED AGED ABOUT 39 YEARS R/O. DODDAHOSUR VILLAGE KOPPA POST HARANAHALLI HOBLI PERIYAPATNA TALUK MYSURU 571 104. 3. SRI PARVEEZ KHAN S/O LATE SRI BASHEER AHMED AGED ABOUT 38 YEARS R/O DODDAHOSUR VILLAGE KOPPA POST HARANAHALLI HOBLI PERIYAPATNA TALUK MYSURU 571 104. 4. SRI SHERU KHAN S/O LATE SRI BASHEER AHMED AGED ABOUT 36 YEARS R/O. DODDAHOSUR VILLAGE KOPPA POST HARANAHALLI HOBLI Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:351 WP No. 25459/2025 PERIYAPATNA TALUK MYSURU 571 101. 5. SRI FEROZ KHAN S/O LATE SRI BASHEER AHMED AGED ABOUT 33 YEARS R/O DODDAHOSUR VILLAGE KOPPA POST HARANAHALLI HOBLI PERIYAPATNA TALUK MYSURU 571 104. …PETITIONERS (BY SRI.BASAVANNA K M., ADVOCATE) AND: 1. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU 560 001. 2. THE DEPUTY COMMISSIONER MYSURU, MYSURU 570 005. 3. THE ASSISTANT COMMISSIONER HUNSUR CIRCLE HUNSUR MYSURU 571 107. 4. THE TAHASILDHAR PERIYAPATNA TALUK AND TOWN MYSURU 571 107. 5. REVENUE INSPECTOR HARANAHALLI CIRCLE PERIYAPATNA TALUK MYSURU 571 104. 6. VILLAGE ACCOUNTENT KOPPA CIRCLE DODDAHOSURU VILLAGE PERIYAPATNA TALUK MYSURU-571 104. …RESPONDENTS (BY SRI NEELAKANTAPPA K PUJAR., HCGP) - 3 - HC-KAR NC: 2026:KHC:351 WP No. 25459/2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 03.07.2025 ON IA NO.7 IN O.S.NO.246/2022 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC PERIYAPATNA AS PER ANNEXURE-H AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition filed by the plaintiffs in O.S.246/2022 on the file of Senior Civil Judge, Periyapatana is directed against the impugned order dated 03.07.2025, whereby the application in I.A.No.7 filed by respondent No.5/ defendant No.5 for permission to file the written statement was allowed by the Trial Court. 2. A perusal of the material on record would indicate that the petitioners/ plaintiffs instituted the aforesaid suit against the respondents/ defendants /State for declaration, permanent injunction and other reliefs in relation to the suit schedule immovable property. In the said suit, the respondent No.5/ defendant No.5 having not filed the written statement within the stipulated period. - 4 - HC-KAR NC: 2026:KHC:351 WP No. 25459/2025 Subsequently, filed an application in I.A.No.7 for permission to file written statement which came to be allowed by the Trial Court, vide impugned order dated 03.07.2025 which is assailed in the present petition. 3. After having heard learned counsel for the petitioners and upon perusal of the material on record, I am of the considered opinion that the impugned order passed by the Trial Court cannot be said to suffer from any illegality or infirmity nor can the same be said to have occasioned failure of justice warranting interference by this Court in the exercise of its jurisdiction under Article 227 of the Constitution of India as held by the Apex Court in the cases of Radhey Shyam & another v/s. Chhabi Nath & others1, K.P.Nataranjan v/s. Muthalammal2 and Mohamed Ali v/s. V.Jaya & others3. Under these circumstances, I do not find any merit in the petition and the same is hereby dismissed. 1 (2015) 5 SCC 423 (also cited as 2015 5 SCC 426) 2 AIR 2021 SC 3443 3 (2022) 10 SCC 477 - 5 - HC-KAR NC: 2026:KHC:351 WP No. 25459/2025 4. Liberty is reserved in favour of the petitioners/ plaintiffs to file rejoinder/ reply to the written statement filed by respondent No.5/ defendant No.5. All rival contentions on all aspects of the matter between the parties are kept open and no opinion is expressed on the same and the trial Court is directed to dispose of the suit in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE MRP/PKN List No.: 1 Sl No.: 8