- 1 - HC-KAR NC: 2026:KHC:2090 WP No. 34652 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 34652 OF 2025 (GM-CPC) BETWEEN: SMT V. SRIMATHI BAI, W/O. VIJANDRA RAO, AGED ABOUT 60 YEARS, R/AT NO. 1883, 1ST MAIN, 20TH E CROSS, 'C' BLOCK, SAHAKARANAGAR, BANGALORE – 560 092. …PETITIONER (BY SRI. RAJESH MAHALE, SENIOR COUNSEL FOR SRI. DAYANAND S. PATIL, ADVOCATE) AND: 1. SRI K. V. PUTTEGOWDA S/O. LATE VENKATESHAPPA, AGED ABOUT 61 YEARS, R/AT NO.137, 1ST PHASE, NTI LAYOUT, RAJEEVGANDHI NAGARA, NEAR GANGA BOREWELL OFFICE, KODIGEHALLI, BENGALURU – 560 092 2. SRI.ANILKUMAR P., S/O. SRI. K. V. PUTTEGOWDA, AGED ABOUT 38 YEARS, R/AT NO.137, 1ST PHASE NTI LAYOUT, RAJEEVGANDHI NAGARA, NEAR GANGA BOREWELL OFFICE, KODIGEHALLI, BENGALURU – 560 092 3. SMT.ANITHA P., W/O. M.A.NANJEGOWDA, AGED ABOUT 34 YEARS, R/AT NO.728, RAMAMANDIR ROAD, KODIGEHALLI, SAHAKARANAGAR POST, BENGALURU – 560 092 …RESPONDENTS (BY SRI. B. ROOPESHA, ADVOCATE) Digitally signed by MADHURI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2090 WP No. 34652 of 2025 THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 21-08-2025 PASSED ON I.A.NO.17 AND 18 IN O.S.NO.3143/2018 BY THE COURT OF THE XXXV ADDL. CITY CIVIL JUDGE AND SESSION JUDGE, BENGALURU AS PER ANNEXURE - A AND ALLOW THE IA.NO.17 AND 18. 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 defendant No.2 in O.S.No.3143/2018 is directed against the impugned order dated 21.08.2025 passed by the XXXV Additional City Civil and Sessions Judge, Bengaluru, whereby the applications I.A.Nos.17 and 18 filed by the petitioner- defendant No.2 under Order IX Rule 7 CPC to set aside the exparte order as against her and under Order VIII Rule 1 of CPC seeking permission to file written statement was rejected by the Trial Court. 2. Heard learned Senior Counsel for the petitioner and learned counsel for the respondent Nos.1 to 3 and perused the material on record. 3. A perusal of the material on record will indicate that the respondents instituted the aforesaid suit against the petitioner and - 3 - HC-KAR NC: 2026:KHC:2090 WP No. 34652 of 2025 defendant No.2 and other defendants for declaration, possession injunction and other reliefs in relation to the suit schedule immovable property. The petitioner-defendant No.2, who was initially placed exparte, thereafter filed the instant application seeking setting aside of the order placing her exparte and for permission to file written statement. The said application having been opposed by the respondent – plaintiff, the trial Court proceeded to pass the impugned order rejecting the applications, aggrieved by which, the petitioner is before this Court by way of the present petition. 4. A perusal of the material on record including the impugned order will indicate that the trial Court failed to consider and appreciate the averments made in the affidavits in support of the applications, which clearly constituted valid and sufficient ground/cause put forth by the petitioner-defendant No.2, which entitled him to get the order placing her ex parte set aside and be permitted to file written statement and contest the suit on merits. 5. Under these circumstances, in order to provide one more opportunity to the petitioner to contest the suit on merits especially since valuable proprietary and possessory rights over a - 4 - HC-KAR NC: 2026:KHC:2090 WP No. 34652 of 2025 suit schedule immovable property are involved, I deem it just and appropriate to adopt a justice oriented approach and set aside the impugned order and allow I.A.Nos.17 and 18 by issuing directions to the trial Court. 6. In the result, I pass the following: ORDER i) The petition is hereby allowed. ii) The impugned order dated 21.08.2025 passed on I.A.Nos.17 and 18 in O.S.No.3143/2018 on the file of XXXV Additional City Civil and Sessions Judge, Bengaluru, is hereby set aside. iii) I.A.Nos.17 and 18 filed by the petitioner- defendant No.2 under Order IX Rule 7 CPC to set aside the exparte order as against her and under Order VIII Rule 1 of CPC seeking permission to file written statement stand allowed. iv) The trial Court is directed to receive the written statement filed by the petitioner along with I.A.No.18 and to proceed further in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 61