- 1 - HC-KAR NC: 2026:KHC:6691 WP No. 32000 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 32000 OF 2024 (GM-CPC) BETWEEN: BAYAMMA W/O VENKATESHAPPA AGED 59 YEARS R/AT SINGAHALLI VILLAGE NEAR MARENAHALLI CROSS BENGALURU NORTH TALUK BENGALURU-562129 …PETITIONER (BY SRI. S. K ACHARYA .,ADVOCATE) AND: 1. NANJAMMA D/O LATE HANUMAPPA AGED 72 YEARS R/AT KAIVARA HOBLI, MAILAPURA VILLAGE, CHINNASANDRA POST, CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA-563125 2. CHIKKANANJAMMA D/O LATE HANUMAPPA AGED 65 YEARS R/AT KORAMANGALA VILLAGE DEVANAHALLI TALUK BENGALURU-562110 3. MUNIBAIRAPPA S/O LATE HANUMAPPA AGED 63 YEARS R/AT KURABARAKUNTA VILLAGE DEVANAHALLI TALUK BENGALURU-562110 4. LAKSHMAMMA W/O LATE MUNINANJAPPA Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6691 WP No. 32000 of 2024 AGED 65 YEARS R/AT SINGAHALLI VILLAGE NEAR MARENAHALLI CROSS BENGALURU NORTH TALUK BENGALURU-562129 5. MUNEGOWDA S/O LATE MUNINANJAPPA AGED 47 YEARS R/AT KURABARAKUNTA VILLAGE DEVANAHALLI TALUK BENGALURU-562110 6. RATHNAMMA D/O LATE MUNINANJAPPA AGED 45 YEARS R/AT KURABARAKUNTA VILLAGE DEVANAHALLI TALUK BENGALURU-562110 7. AMARAVATHI D/O LATE MUNINANJAPPA AGED 40 YEARS R/AT JANNAHALLI VILLAGE DEVANAHALLI TALUK BENGALURU-562129 8. KALPANA D/O LATE MUNINANJAPPA AGED 40 YEARS 9. NETHRA D/O LATE MUNINANJAPPA AGED 38 YEARS 10. SAVITHRI D/O LATE MUNINANJAPPA AGED 36 YEARS R8 TO R10 ARE R/AT KURUBARAKUNTE VILLAGE KASABA HOBLI, DEVANAHALLI TALUK BENGALURU-562110 11. M.MALLIKARJUNA S/O LATE MUNINANJAPPA AGED 54 YEARS - 3 - HC-KAR NC: 2026:KHC:6691 WP No. 32000 of 2024 R/AT BATTARAMARENAHALLI CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562110 12. MANJULA W/O M.MALLIKARJUNA AGED 45 YEARS R/AT BATTARAMARENAHALLI CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562110 …RESPONDENTS (BY SRI. VIGNESHWARA U.,ADVOCATE FOR R1; A. BALAKRISHNAN, ADVOCATE FOR R5,R3,R7,R11 &R12; NOTICE TO R2,R4,R6,R8 R9 & R10 ARE D/W ) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DTD. 01.08.2024 PASSED IN IA NO. III IN O.S.NO. 931/2022 ON THE FILE OF THE COURT OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC DEVANAHALLI VIDE 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 the 3rd defendant in O.S.No.931/2022 on the file of III Addl.Senior Civil Judge and JMFC, Devanahalli, (C/c II Addl.Senior Civil Judge & JMFC, Devanahalli) is directed against the impugned order dated 01.08.2024, whereby the application I.A.No.3 filed by the petitioner – 3rd defendant under Section 151 CPC seeking discarding of her written statement and for - 4 - HC-KAR NC: 2026:KHC:6691 WP No. 32000 of 2024 permission to file independent/fresh written statement by alleging fraud against defendant Nos.1 and 2 to 4 was rejected by the trial Court. 2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. 3. A perusal of the material on record will indicate that the 1st respondent-plaintiff instituted the aforesaid suit against the petitioner – 3rd defendant and other defendants for partition and separate possession of her alleged share in the suit schedule immovable properties and for other reliefs. It is an undisputed fact and a matter of record that in the said suit, there are totally 12 defendants and defendants 1 to 10 filed a common written statement and contested the suit. Subsequently, the petitioner-3rd defendant filed the instant application seeking discarding/eschewing of her written statement insofar as she was concerned on the ground the said written statement was a result/outcome of fraud played upon her by defendant Nos.1 and 2 to 4. The said application was not opposed by the plaintiff, despite which, the trial Court proceeded to pass the impugned order - 5 - HC-KAR NC: 2026:KHC:6691 WP No. 32000 of 2024 dismissing the application. Aggrieved by the impugned order rejecting I.A.No.3, petitioner is before this Court by way of the present petition. 4. Though several contentions have been urged by the petitioner – 3rd defendant on one hand and defendants 1, 2, 4 to 12 on the other against one another, having regard to the fact that the petitioner-3rd defendant intends to file a separate written statement, without expressing any opinion on the merits/demerits of the rival contentions on all aspects of the matter including the allegations of fraud levelled by the petitioner – 3rd defendant against defendants 1, 2, 4 to 12 and by leaving open the said contentions to be decided by the trial Court in accordance with law, I deem it just and appropriate to modify the impugned order and dispose of I.A.No.3 by permitting the petitioner to file a separate/additional written statement and by directing the trial Court to consider the same and proceed further in accordance with law. 5. In the result, I pass the following:- ORDER (i) Petition is hereby disposed of. - 6 - HC-KAR NC: 2026:KHC:6691 WP No. 32000 of 2024 (ii) The impugned order dated 01.08.2024 passed on I.A.No.3 in O.S.No.931/2022 by the trial court is hereby modified. (iii) I.A.No.3 filed by the petitioner stands disposed of by permitting the petitioner-3rd defendant to file a separate/additional written statement. (iv) It is made clear that the permission granted in favour of petitioner-3rd defendant to file additional/separate written statement shall be without prejudice to the rights and contentions of the parties and all rival contentions between the parties on all aspects of the matter including allegations of fraud are kept open to be decided by the trial Court in accordance with law. (v) The trial court is directed to dispose of the suit as expeditiously as possible. Sd/- (S.R.KRISHNA KUMAR) JUDGE SRL List No.: 2 Sl No.: 27