- 1 - HC-KAR NC: 2026:KHC:1770 WP No. 39065 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 39065 OF 2025 (GM-CPC) BETWEEN: 1. SMT. B. SHARADHAMMA, D/O LATE BYRAHANUMAIAH, AGED ABOUT 54 YEARS, R/AT NO.6, 5TH CROSS ROAD, GANGADARAPPA BADAVANE, PAPAREDDY PALYA, NAGARABHAVI – 560 072. 2. SMT. SUKANYA KUMARI B., D/O LATE BYRAHANUMAIAH, AGED ABOUT 49 YEARS, R/AT NO.837/4-5, SUKHA JEEVI, 2ND CROSS, 2ND BLOCK, PEENYA 1ST STAGE, PEENYA, BENGALURU – 560 058. …PETITIONERS (BY SRI. YASHWANTH NETHAJI N. T., FOR SRI. K. V. NARASIMHAN, ADVOCATES) AND: 1. SMT. JAYALAKSHMI D/O LATE T. BYRAPPA, W/O B. RAMAIAH, AGED ABOUT 62 YEARS, RESIDING AT NO.1450, BAIRAVESHWARA NILAYA, I CROSS, KALYAN NAGAR, DASARAHALLI, BENGALURU – 560 057. 2. SMT. JAYAMMA, W/O LATE BYRAHANUMAIAH, AGED ABOUT 78 YEARS, RESIDING AT THIPPENAHALLI VILLAGE, NAGASANDRA POST, BENGALURU – 560 073. Digitally signed by MADHURI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:1770 WP No. 39065 of 2025 3. SRI.RAJGOPAL B., S/O LATE BYRAHANUMAIAH, AGED ABOUT 59 YEARS, R/AT TIPPENAHALLI VILLAGE, NAGASANDRA POST, BANGALORE – 560 073. 4. SRI.BYREGOWDA B. S/O LATE BYRAHANUMAIAH, AGED ABOUT 50 YEARS, R/AT TIPPENAHALLI VILLAGE, NAGASANDRA POST, BANGALORE – 560 073. 5. HANUMANTHARAYAPPA SINCE DEAD REPRESENTED BY HIS LR’S SMT SIDDAGANGAMMA W/O B.T.HANUMANTHARAYAPPA, AGED ABOUT 67 YEARS, R/AT TIPPENAHALLI VILLAGE, NAGASANDRA POST, BANGALORE – 560 073. 6. SRI.B. NARAYANAPPA S/O T. BYRAPPA, AGED 69 YEARS, R/AT BYRAVESHWARA NILAYA, 12TH CROSS ROAD, OPP. ARATHI FLOOR MILL, KALYANANAGAR, DASARAHALLI, BANGALORE – 560 057. 7. SRI.B. KRISHNAMURTHY S/O LATE T. BYRAPPA, AGED ABOUT 65 YEARS, R/AT NO.1027, BYRAVESHWARA NILAYA, 2ND CROSS ROAD, 1ST MAIN ROAD, DEFENCE COLONY, HESARAGHATTA MAIN ROAD, BANGALORE – 560 073. - 3 - HC-KAR NC: 2026:KHC:1770 WP No. 39065 of 2025 8. SRI.T. B. NARASIMHAMURTHY S/O LATE T. BYRAPPA AGED 60 YEARS, R/AT TIPPENAHALLI VILLAGE, NAGASANDRA POST, BANGALORE – 560 073. 9. SMT.B. ANUSUYA D/O LATE T.BYRAPPA, W/O NARASEGOWDA, AGED 57 YEARS, R/AT PRASANTHA NILAYA, 1ST CROSS ROAD, PRASANTHA NAGARA, PIPELINE ROAD, DASARAHALLI, BANGALORE – 560 057. 10. SRI. SRINIVAS H/O SAVITHRI, AGED ABOUT 61 YEARS, R/AT TIPPENAHALLI VILLAGE, NAGASANDRA POST, BANGALORE – 560 073. 11. SMT. LAVANYA D/O SAVITHRI, AGED ABOUT 33 YEARS, R/AT TIPPENAHALLI VILLAGE, NAGASANDRA POST, BANGALORE – 560 073. …RESPONDENTS (BY SRI. UMESH M. N., ADVOCATE FOR R1) THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT SETTING ASIDE THE IMPUGNED ORDER DATED 06.12.2025 PASSED BY THE LEARNED I ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU IN OS N0.343/2015 AT ANNEXURE E ON I.A.NO. NIL AT ANNEXURE-C. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:1770 WP No. 39065 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by defendant Nos.9 and 10 in O.S.No.343/2015 is directed against the impugned order dated 06.12.2025 passed by the I Additional Senior Civil Judge, Bengaluru (for short “the Trial Court”), whereby the application filed by the petitioners- defendant Nos.9 and 10 for permission to file written statement was rejected by the Trial Court. 2. Heard learned counsel for the petitioner and learned counsel for respondent No.1 and perused the material on record. 3. A perusal of the material on record will indicate that respondent No.1–plaintiff instituted the aforesaid suit in O.S.No.343/2015 against the petitioners – defendant Nos.9 and 10 and other defendants for partition and separate possession of their alleged share in the suit schedule properties and for other reliefs. The petitioner did not file the written statement and did not contest the suit, which ultimately stood posted for pronouncement of judgment on 05.12.2025, the very next date i.e., on 06.12.2025, petitioners-defendant Nos.9 and 10 filed the instant application - 5 - HC-KAR NC: 2026:KHC:1770 WP No. 39065 of 2025 seeking permission to file written statement, which was rejected vide impugned order, which is assailed in the present petition. 4. Learned counsel for respondent No.1-plaitniff submits that he does not have any objection that the impugned order to be set aside and written statement be received on record subject to payment of cost of Rs.10,000/- by defendant Nos.9 and 10 and also direct the Trial Court to dispose of the suit, as expeditiously as possible. 5. The said submission is placed on record. 6. In view of the aforesaid facts and circumstances, I deem it just and appropriate to set aside the impugned order and allow the application filed by the petitioner. 7. In the result, I pass the following: ORDER (i) The petition is allowed subject to payment of cost of Rs.10,000/- by the petitioners-defendant Nos.9 and 10 to the plaintiff before the Trial Court on the next date of hearing. - 6 - HC-KAR NC: 2026:KHC:1770 WP No. 39065 of 2025 (ii) The impugned order dated 06.12.2025 passed in O.S.No.343/2025 by the I Additional Senior civil Judge, Bengaluru is hereby set aside. (iii) The application filed by the petitioners for permission to file written statement is allowed. (iv) The written statement is directed to be received on record by the Trial Court. (v) The Trial Court shall frame issues, if any and proceed further and dispose of the suit, as expeditiously as possible and preferably, on or before 30.04.2025. (vi) Liberty is reserved in favour of both parties to adduce oral and documentary evidence before the Trial Court, who shall consider the same and pass appropriate order, in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 78