- 1 - HC-KAR NC: 2026:KHC:3262 WP No. 26150 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 26150 OF 2025 (GM-CPC) BETWEEN: SMT. VIJAYALAKSHMI D/O LATE K S R RAO AGED ABOUT 56 YEARS, R/AT NO 102, JIVANADI APARTMENTS 1ST MAIN, TATA SILK FARM BANGALORE- 560004 REPRESENTED BY HER GPA HOLDER B. S RAGHAVAN VAN S/O LATE SHANKARNARAYAN AGED ABOUT 75 YEARS, R/AT NO.202 16TH MAIN, BSK 2ND STAGE, NEAR BDA COMPLEX, BENGALURU 560 070 …PETITIONER (BY SRI. NAYANA TARA BG., ADVOCATE) AND: 1. KARMIKARA RAITHARA VASATHI NIRMANA SAHAKARA SANGHA NIYAMITHA (KRVNSSN) COOPERATIVE SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 NO.92, 1ST FLOOR, BULL TEMPLE ROAD CHAMARAJAPET, BENGALURU- 560 018 REPRESENTED BY ITS PRESIDENT AND SECRETARY SRI. RAVI. T S/O LATE B.M THIPPESWAMY AGED ABOUT 56 YEARS AND SRI. PRAKASH. M. H Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:3262 WP No. 26150 of 2025 S/O LATE M.HANUMATHAPPA AGED ABOUT 57 YEARS 2. SMT. K.V.MALATHI W/O LATE S.K.SHIVALINGAIAH AGED ABOUT 88 YEARS R/AT NO.454 1A RISHAB BLESSINGS IDEAL HOME NEAR PETROL BUNK RAJARAJESHWARINAGAR BANGALORE - 560 098 REP. BY HER GPA HOLDER MRS MRUDULA S.S D/O LATE S.K.SHIVALINGAIAH W/O PRAKASH V., AGED ABOUT 54 YEARS R/AT NO.454 1A RISHAB BLESSINGS 1ST CROSS IDEAL HOME NEAR PETROL BUNK RAJARAJESHWARINAGAR BANGALORE - 560 098 …RESPONDENTS (BY SRI. SARAVANA S., ADVOCATE FOR R2; SRI.NAVEEN M.D., ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH ORDER DATED 18.08.2025 PASSED BY THE VIII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-15) BANGALORE IN OS NO. 3347/2016 PRODUCED AT ANNEXURE-E AND DISMISS IA NO. 24 FILED BY R1 VIDE ANNEXURE-C. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:3262 WP No. 26150 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER 1. In this petition, the petitioner seeks the following reliefs; "a. Issue a Writ in the nature of Certiorari or any other writ, direction, or order of similar nature quashing order dated 18.08.2025 passed by the VIII Addl. City Civil and Sessions Judge (CCH-15) Bangalore in OS No.3347/2016 produced at Annexure-E and dismiss I.A. No.24 filed by Respondent No.1 Vide Annexure C and b. Grant any such other relief/s under the facts and circumstances of the case in the interest of justice and equity." 2. A perusal of the material on record will indicate that the second respondent / plaintiff instituted the aforesaid suit in O.S.No.3347/2016 against the petitioner / sole defendant for declaration, permanent injunction and other reliefs in relation to the suit schedule immovable property and for other reliefs. - 4 - HC-KAR NC: 2026:KHC:3262 WP No. 26150 of 2025 3. Upon appearance, the petitioner / sole defendant filed written statement and was contesting the suit. During the pendency of the suit, the second respondent / plaintiff got respondent No.1 impleaded as additional defendant to the suit and the matter was posted on 18.08.2025, on which date, the first respondent / second defendant filed an application for permission to receive his written statement on record. 4. It is a grievance of the petitioner that though the written statement filed by respondent No.1 - defendant No.2 supports the claim of the plaintiff and the petitioner / defendant No.1 would dispute the claim of both, respondent No.1 and respondent No.2, the Trial Court proceeded to pass the impugned order dated 18.08.2025 allowing I.A.No.24 filed by respondent No.1 and received the written statement of respondent No.1 on record. Aggrieved by the said order, the petitioner requested the Trial Court to recall the said order dated 18.08.2025 which was also rejected by the Trial Court. However, the Trial - 5 - HC-KAR NC: 2026:KHC:3262 WP No. 26150 of 2025 Court without passing any orders on the recall application, has proceeded has proceeded further and as such, the petitioner is before this Court by way of the present petition. 5. Heard. 6. It is necessary to extract the order sheet maintained by the Trial Court on 18.08.2025 and 21.08.2025 which reads as under; "18.08.2025: Called at 3.05 PM. DW1 is present. Sri.S.S.Advocate has filed NOC vakalath for plaintiff. Sri.M.M.Advocate has filed NOC vakalath for defendant No.2 and ahs filed I.A.No.24 u/s 151 of C.P.C. alongwith W/S of defendant No.2 in two sets. Learned counsel appearing for plaintiff submits no objection to allow I.A.No.24. Heard. I.A.No.24 is allowed. W/S of defendant No.2 is taken on record. For additional issues if any. Learned counsel appearing for plaintiff has submitted that he will cross examine DW1 on the next - 6 - HC-KAR NC: 2026:KHC:3262 WP No. 26150 of 2025 date of hearing without seeking any adjournment. DW1 is a senior citizen and this is a direction matter, hence all the parties are directed to co- operate for the early disposal of the suit. For cross of DW1 finally. Call on 21.08.2025. 21.08.2025 Learned counsel appearing for defendant No.1 has filed I.A.No.25 u/s 151 of C.P.C. to recall the order dated 18.08.2025. Learned counsel appearing for plaintiff is present. Learned counsel appearing for defendant No.1 submits to file rejoinder to the w/s filed by the defendant No.2. DW1 is absent. Defendant No.2 is absent. No representation. Learned counsel appearing for defendant No1 prays time. To file rejoinder and for cross of DW1 finally. Call on 29.08.2025." 7. As can be seen from the aforesaid order sheet maintained by the Trial Court, respondent No.1 / - 7 - HC-KAR NC: 2026:KHC:3262 WP No. 26150 of 2025 impleaded defendant No.2 having sought for permission to file the written statement, in which respondent No.1 / defendant No.2 made a request to the Court to decree the suit in favour of the plaintiff, the Trial Court has allowed I.A.No.24 and has proceeded further without providing any opportunity to the petitioner to put forth her contentions on I.A.No.24. 8. Under these circumstances, having regard to the fact that no opportunity was provided to the petitioner before allowing I.A.No.24, I deem it just and appropriate to set aside the impugned order dated 18.08.2025 and 21.08.2025, and remit the matter back to the Trial Court for reconsideration of I.A.No.24 afresh by providing an opportunity to the petitioner in this regard. 9. In the result, the following; ORDER (i) The petition is hereby allowed. - 8 - HC-KAR NC: 2026:KHC:3262 WP No. 26150 of 2025 (ii) The impugned orders dated 18.08.2025 and 21.08.2025 allowing I.A.No.24 and permitting the written statement of respondent No.1 / defendant No.2 to be taken on record are hereby set aside. (iii) The matter is remitted back to the Trial Court for reconsideration of I.A.No.24 afresh in accordance with law. (iv) Liberty is reserved in favour of the petitioner to file objections to I.A.No.24 which shall be considered by the Trial Court. (v) Upon the petitioner filing objections to I.A.No.24, the Trial Court shall hear both sides and pass appropriate orders on I.A.No.24 in accordance with law. (vi) It is further directed that in view of setting aside the order on I.A.No.24, I.A.No..25 does not - 9 - HC-KAR NC: 2026:KHC:3262 WP No. 26150 of 2025 survive for consideration and the same is accordingly disposed of. (vii) It is needless to state that the Trial Court shall reconsider and dispose of I.A.No.24 afresh without being influenced by any findings and observations, if any, in the present order. Sd/- (S.R.KRISHNA KUMAR) JUDGE GH List No.: 1 Sl No.: 10