- 1 - HC-KAR NC: 2026:KHC:22373 WP No. 23880 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 23880 OF 2025 (GM-CPC) BETWEEN: MRS. SINDHU BHASKAR W/O. MR. BHASKAR AGED ABOUT 48 YEARS NO. 21, 15 A CROSS BENDRENAGAR UTTARAHALLI MAIN ROAD BANASHANKARI 2ND STAGE BANGALORE-560 070. …PETITIONER (BY SRI. RAJKUMAR R., ADVOCATE) AND: MR. MOHAN DAS K AGED ABOUT 75 YEARS S/O. LATE K. RAMA RESIDENT OF NO. 988 13TH MAIN, BANASHANKARI 1ST STAGE, SRINAGAR BENGALURU-560 050. …RESPONDENT (BY SRI. M D RAGHUNATH, ADVOCATE C/R) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INIDA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED 19.07.2025 PASSED ON I.A. NO.2/2025 IN O.S.NO.26383/2024 BY THE HAN’BLE LXXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (ANNEXURE-A) AND ALLOW THE APPLICATION AND ETC. Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22373 WP No. 23880 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by the defendant under Article 227 of the Constitution of India, challenging the order dated 19.07.2025 passed on I.A. No. 2/2025 in O.S. No. 26383/2024 by the LXXII Additional City Civil and Sessions Judge, Bengaluru (hereinafter referred to as the ‘trial court’), whereby the application filed by the defendant under Order VIII Rule 1 read with Section 151 of the Code of Civil Procedure (for short, ‘CPC’) seeking permission to file the written statement has been dismissed. 2. For the sake of convenience, the parties are referred to as per their ranking before the trial court. 3. The respondent/plaintiff filed a suit in O.S. No. 26383/2024 for recovery of money. Upon service of summons, the defendant appeared through counsel but - 3 - HC-KAR NC: 2026:KHC:22373 WP No. 23880 of 2025 did not file a written statement. When the matter was posted for the plaintiff’s evidence, at that stage, the defendant filed I.A. No. 2/2025 seeking permission to file the written statement. The said application came to be dismissed by the trial court. 4. Since the evidence of the parties is not yet concluded, in the interest of justice, this Court is of the opinion that the application deserves to be allowed, subject to payment of costs. 5. Accordingly, the following order is passed: (i) The writ petition is allowed. (ii) The order dated 19.07.2025 passed on I.A. No. 2/2025 in O.S. No. 26383/2024 is set aside. (iii) I.A. No. 2/2025 filed by the petitioner/defendant is allowed, subject to the condition that the petitioner/defendant shall pay - 4 - HC-KAR NC: 2026:KHC:22373 WP No. 23880 of 2025 costs of Rs. 5,000/- to the respondent/plaintiff on or before the next date of hearing. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 2