- 1 - HC-KAR NC: 2026:KHC-D:1073 WP No. 100055 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.100055 OF 2023 (GM-CPC) BETWEEN: SRI. THIRUMALAI S/O. SAMPATTU, AGED ABOUT 51 YEARS, OCC. KEB EMPLOYEE, R/O. MUNIRABAD, TQ. AND DIST. KOPPAL. …PETITIONER (BY SRI. B. SHARANABASAWA, ADVOCATE) AND: 1. SMT. SHANTHAMMA W/O. FAKEERAYYA GURUVIN, AGED ABOUT 43 YEARS, OCC. HOUSEHOLD, R/O. MATTUR, TQ. AND DIST. KOPPAL-583203. 2. MANJUNATH S/O. SOMAYYA AMOGHAMATHA, AGED ABOUT 38 YEARS, OCC. HOTEL WORK, R/O. HOSALINGAPUR, TQ. AND DIST. KOPPAL-583203. 3. SMT. PRAMILA W/O. NAGARAJ, AGED ABOUT 38 YEARS, OCC. HOUSEHOLD, R/O. 1ST WARD, MUNIRABAD, TQ. AND DIST. KOPPAL-583203. Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:1073 WP No. 100055 of 2023 4. MALLIKA W/O. BASAVANTAPPA, AGED ABOUT 33 YEARS, OCC. HOUSEHOLD, R/O. MUNIRABAD, TQ. AND DIST. KOPPAL-583203. …RESPONDENTS (BY SRI. HARSHWARDHAN M.PATIL, AND SRI. VISHWANATH L.HEGDE, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ORDER DATED 12.09.2022 AND ALL FURTHER PROCEEDINGS IN OS. NO.44/2019, PASSED BY THE COURT OF ADDITIONAL CIVIL JUDGE AND JMFC, AT KOPPAL VIDE ANNEXURE-D. B) ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE ADDITIONAL CIVIL JUDGE AND JMFC AT KOPPAL VIDE ANNEXURE-D TO PROVIDE AN OPPORTUNITY TO THE PETITIONER TO FILE THE WRITTEN STATEMENT AND TO CONTEXT THE MATTER ON MERITS AND TO DISPOSE OF THE SUIT IN ACCORDANCE WITH THE PROVISIONS OF LAW AFTER AFFORDING OPPORTUNITY TO ALL THE PARTIES AND C) ISSUE SUCH ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTION AS THIS HON’BLE COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC-D:1073 WP No. 100055 of 2023 ORAL ORDER The present writ petition is filed seeking the following prayer: “PRAYER Wherefore, for the reasons stated above this Hon’ble Court may kindly be pleased to: a) Issue a writ in the nature of Certiorari, by quashing the impugned order dtd: 12.09.2022 and all further proceedings in OS No.44/2019, passed by the Court of Additional Civil Judge & JMFC, at Koppal, Vide Annexure-D. b) Issue writ in the nature of mandamus directing the Additional Civil Judge & JMFC At: Koppal, vide Annexure-D to provide an opportunity to the petitioner to file the written statement and to context the matter on merits and to dispose of the suit in accordance with the provisions of law after affording opportunity to all the parties and c) Issue such any other appropriate writ, order or direction as this Hon’ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity.” 2. The respondent No.1/plaintiff had filed O.S.No.44/2019 seeking the relief of declaration, partition and separate possession and injunction. The petitioner before this Court is defendant No.4. The suit is filed in the year 2019. The defendant No.1 has sold the property to defendant No.2, defendant No.2 in turn to defendant No.3 and defendant No.3 in turn to defendant No.4. Now, the order impugned before this Court is dated 12.09.2022 which reads as follows: - 4 - HC-KAR NC: 2026:KHC-D:1073 WP No. 100055 of 2023 “12/09/22 Plf. By RSB Adv. D-1 & 2 ex-parte D-4 by CSK Adv. D-3 Await Case called out before the Court. Adv for plaintiff present and filed a memo with paper citation for service of summons to D-3 by way of paper publication held sufficient and Def.No.3 called out absent and placed ex-parte. Kept by.” 3. The impugned order is passed on 12.09.2022 and this writ petition is filed before this Court on 03.01.2023 and a Co- ordinate Bench of this Court had granted interim order on 04.01.2023 by staying all further proceedings in O.S.No.44/2019. Liberty is reserved in favour of the respondents to seek vacation/modification of the interim order. That interim order is extended from time to time. 4. Learned counsel for the petitioner submits that enough opportunity was not given to the petitioner to file the written statement and the Court had posted the matter for plaintiff’s evidence on 29.09.2022. On 29.09.2022, the case was called out and kept by. On 15.10.2022, the plaintiff examined himself as PW.1. Then the matter was posted for further chief of PW-1 by 31.10.2022. On 31.10.2022, case was called out and there was no representation. On that day, it was observed that call on for - 5 - HC-KAR NC: 2026:KHC-D:1073 WP No. 100055 of 2023 further chief of PW.1 as a last chance by 08.12.2022. Then on 17.11.2022, the case advanced to hear taken on board and kept by. On 08.12.2022, case was again called out. Advocate for plaintiff present, no representation for defendant side, further examined and got marked documents as Ex.P1 to P27. Since the Def.No.1-3 placed ex-parte and Def.No.4 has not filed written statement, cross of PW.1 is taken as nill. Further two witnesses in support of her case examined as PW2 and PW3. Since the defendants uncontested the suit, cross of PW2-PW3 also taken as nill. Learned counsel submits that no opportunity was given to file the written statement. 5. Learned counsel appearing for respondent No.1/plaintiff submits that the petitioner/defendant No.4 has a remedy to file an application before the trial Court and without filing the same, he comes before this Court and obtained the stay of all further proceedings. 6. Having heard the learned counsels on either side, perused the entire material on record. This Court is not able to appreciate any of the contentions that are raised on behalf of the petitioner. In the order dated 12.09.2022, there was an - 6 - HC-KAR NC: 2026:KHC-D:1073 WP No. 100055 of 2023 observation that the defendants have not filed the written statement. Right from 12.09.2022 till 03.01.2023, why the petitioner did not file his written statement and why he did not seek the leave of the Court to file the written statement is not known. In the order dated 08.12.2022, the trial Court observed that since the defendants uncontested the suit, cross of PW2-PW3 is taken as nill. This order dated 08.12.2022 is not questioned and the petitioner is questioning the order dated 12.09.2022, where the trial Court does not even say that the right to file the written statement is forfeited. It appears that the whole endeavor of the petitioner is only to stall the proceedings. If there is any bonafides on the part of the petitioner, he could have filed an appropriate application before the trial Court immediately and he would not have approached this Court. Hence, this Court finds no bonafides on the part of the petitioner. However, as the litigation has to be taken to a logical end, this Court is passing the following: ORDER i. The order dated 12.09.2022 passed in O.S.No.44/2019, by the Court of Additional Civil Judge & JMFC, at Koppal, is set aside. - 7 - HC-KAR NC: 2026:KHC-D:1073 WP No. 100055 of 2023 ii. The petitioner/defendant No.4 shall file the written statement within a period of 15 days from the date of receipt of copy of the order, on the condition that the petitioner shall pay an amount of Rs.10,000/- to the respondent No.1/plaintiff. iii. Accordingly, the writ petition is disposed of. iv. All I.As. in this petition shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI MEG CT: UMD List No.: 2 Sl No.: 1