- 1 - HC-KAR NC: 2026:KHC:23400 WP No. 4524 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO.4524 OF 2026 (GM-CPC) BETWEEN: 1. GAYATHRI W/O LATE DEVARAJ, 52 YRS 2. B.D.LOKESH S/O LATE DEVARAJ, 30 YRS 3. B.D.MEGHANA D/O LATE DEVARAJ, 27 YEARS ALL ARE RESIDENTS OF BASAVAGHATTA VILLAGE DUDDA HOBLY, HASSAN TALUK AND DISTRICT PIN573118 …PETITIONERS (BY SRI. SUBRAMANYA.S.N., ADVOCATE) AND: 1. B.M.KANTHARAJU S/O LATE MALALI GOWDA, 56 YEARS BASAVAGHATTA, VILLAG AND DUDDA HOBLY DUDDA TALUK, NOW RESIDING NO.543/2 AT K.R.PURAM, HASSSAN 673201. 2. MOGAMMA W/O LATE MALALIGWODA, AGED MAJOR, Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:23400 WP No. 4524 of 2026 3. BM NANJEGOWDA S/O LATE MALALIGOWDA AGED MAJOR, 2 AND 3 ARE RESIDENT OF BASAVAGHATTA VILLAGE, DUDDA HIOBLY 573118. 4. B.M.PREMA D/O LATE MALALIGOWDA 51 YEARS, NO. 46, 2ND MAIN, 3RD CROSS, BTM LAY OUT, BANGALORE 560076 5. MANJULA W/O NANJEGOWDA, 45 YRS, BASAVAFHATTA VILLAGE DUDD A HOBLY, HASSAN TALUK AND DISTRICT573118 6. Y.R.JAGADEESH S/O LATE RAJEGOWDA MAJOR YADIYOOR VILLAGE KASABA HOBLY HASSAN TALUK AND DISTRICT 573201 7. PRAKASH B.S. S/O LSIDDARAMEGOWDA 45 YEARS BASAVAGHATTA VILLAGE DUDDA HOBLY, HASSAN TALUK 573113. …RESPONDENTS (BY SRI. PAWADEGOWDA, ADVOCATE FOR R1; NOTICE TO R2 TO R7 D/W) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN OS332/2025 ON THE FILE SR. CIVIL JUDGE AND CIM HASSAN AND SCRUTINIZE THE ORDER PASSED ON IA 6 FILED U/S 151 OF CPC AND QUASH THE SAME BY ISSUE OF A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR DIRECTION AS THE CASE MAY BE AND DIRECT THE TRIAL COURT TO RECEIVE THE WRITTEN STATEMENT FILED BY PETITIONERS 2 TO 4 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND - 3 - HC-KAR NC: 2026:KHC:23400 WP No. 4524 of 2026 ORAL ORDER Heard Sri. S.N. Subramanya, learned counsel appearing for the petitioners, and Sri. Pawadegowda, learned counsel appearing for respondent No.1. 2. Defendant Nos.2 to 4 in O.S. No.332/2025, on the file of the Principal Senior Civil Judge and CJM, Hassan, are before this Court in the present writ petition, challenging the order dated 18.12.2025, whereby the IA No.6 filed seeking permission to file the written statement of defendant Nos.2 to 4 came to be rejected. The trial Court has rejected I.A. No.6 on the ground that the written statement was not filed within 120 days. 3. Learned counsel for the petitioners submits that the suit is one for partition and that, in the interest of justice and equity, the trial Court ought to have permitted the written statement to be taken on record. 4. Per contra, learned counsel appearing for respondent No.1 submits that no reasonable ground or satisfactory explanation has been offered as to why the written statement was not filed within 120 days. However, learned counsel fairly - 4 - HC-KAR NC: 2026:KHC:23400 WP No. 4524 of 2026 submits that, having regard to the fact that the suit is one for partition, the written statement may be permitted to be taken on record, subject to appropriate terms. 5. Having considered the submissions made by the learned counsel appearing for the respective parties and having regard to the nature of the suit, this Court is inclined to allow the present writ petition by allowing I.A. No.6 in O.S. No.332/2025. Hence, the following order: ORDER (i) Writ petition is allowed. (ii) Consequently, I.A.No.6 in O.S.No.332/2025 is allowed. (iii) The trial Court is directed to take on record the written statement filed by defendant Nos.2 to 4 and proceed further subject to the condition that defendant Nos.2 to 4 pays cost of Rs.5,000/- to the plaintiff. (iv) Considering the age of the parties, the trial Court shall endeavor to expedite the suit. Sd/- (K. V. ARAVIND) JUDGE SMJ; List No.: 1 Sl No.: 6