- 1 - HC-KAR NC: 2026:KHC:12442 WP No. 38741 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.38741 OF 2025 (GM-CPC) BETWEEN: MR. HANUMANTHAPPA AGED ABOUT 69 YEARS S/O LATE CHIKKAHANUMAIAH NARANAHALLI VILLAGE DODDABELAVANGALA HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT – 561 204. …PETITIONER (BY SRI. SANTOSH B.M., ADVOCATE) AND: 1. MRS. JAYAMMA W/O VEERA CHIKKEGOWDA AGED ABOUT 54 YEARS NARANAHALLI VILLAGE DODDABELAVANGALA HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT – 561 204. 2. MRS. ANASUYA GOWDA W/O RAVISHANKAR GOWDA AGED ABOUT 57 YEARS D/O BYLAMMA NO.27, 9TH MAIN, 12TH CROSS, RAJAJINAGAR 1ST BLOCK BENGALURU – 560 010. 3. MRS. RADHA D/O BYLAMMA AGED ABOUT 53 YEARS NO.27, 9TH MAIN, 12TH CROSS, RAJAJINAGAR 1ST BLOCK BENGALURU – 560 010. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:12442 WP No. 38741 of 2025 4. MR. SRIDHAR GOWDA S/O LATE BYLAMMA AGED ABOUT 49 YEARS NARANAHALLI VILLAGE DODDABELAVANGALA HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT – 561 204. 5. MR. BYRAHANUMAIAH S/O LATE CHIKKA HANUMAIAH AGED ABOUT 56 YEARS NARANAHALLI VILLAGE DODDABELAVANGALA HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT – 561 204. 6. MR. RAMAKRISHNAPPA S/O LATE CHIKKA HANUMAIAH AGED ABOUT 49 YEARS NARANAHALLI VILLAGE DODDABELAVANGALA HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT – 561 204. 7. MRS. D.A. MANJULA D/O LATE HANUMEGOWDA AGED ABOUT 41 YEARS NARANAHALLI VILLAGE DODDABELAVANGALA HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT – 561 204. 8. MRS. JAYALAKSHMAMMA D/O LATE CHIKKA HANUMAIAH W/O RAJAGOPAL AGED ABOUT 43 YEARS DODDABELAVANGALA VILLAGE DODDABELAVANGALA HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT – 561 204. 9. MR. KENCHABYREGOWDA @ C. SRINIVASA S/O LATE CHIKKA HANUMAIAH AGED ABOUT 41 YEARS NARANAHALLI VILLAGE DODDABELAVANGALA HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT – 561 204. - 3 - HC-KAR NC: 2026:KHC:12442 WP No. 38741 of 2025 10. MRS. GANGALAKSHMAMMA W/O LATE DASEGOWDA DODDABELAVANGALA VILLAGE DODDABELAVANGALA HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT – 561 204. 11. MR. D.RAVIKUMAR D/O LATE DASEGOWDA AGED ABOUT 55 YEARS DODDABELAVANGALA VILLAGE DODDABELAVANGALA HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT – 561 204. 12. MRS. ANNAPURNA D/O LATE DASEGOWDA AGED ABOUT 46 YEARS DODDABELAVANGALA VILLAGE DODDABELAVANGALA HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT – 561 204. …RESPONDENTS (BY SRI. VIJAYASHEKARA GOWDA, ADV. FOR R-7; SRI. C. SRINIVAS, PARTY-IN-PERSON CAV/R-9 NOTICE TO R-2 TO R-8, R-10 TO R-12 ARE D/W ON 13.01.2026) THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT TO QUASH THE ORDER DATED 29.11.2025 ANNEXURE A PASSED BY THE HON'BLE COURT OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE AT DODDABALLAPURA IN THE SUIT O.S.NO.548/2014 ON THE I.A. FILED BY DEFENDANT NO.3 / PETITIONER HEREIN UNDER ORDER IX RULE 7 OF CPC AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:12442 WP No. 38741 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by defendant No.3 in O.S.No.548/2014 on the file of the Additional Senior Civil Judge, Doddaballapura is directed against the impugned order dated 29.11.2025 whereby the application filed by the petitioner-defendant No.3 under Order IX Rule 7 CPC seeking setting aside of the order placing him ex-parte and for permission to file written statement and contest the suit was dismissed by the Trial Court. 2. Heard learned counsel for the petitioner and learned counsel for respondent No.7 and respondent No.9 / party-in-person and perused the material on record. Respondent No.1 – plaintiff having been served with notice of the petition has chosen to remain unrepresented and not contested the petition. 3. A perusal of the material on record will indicate that the 1st respondent-plaintiff instituted the aforesaid suit against the petitioner-defendant No.3 and other defendants for partition and separate possession of his share. In the said suit, while some of the defendants are contesting the suit, the petitioner-defendant - 5 - HC-KAR NC: 2026:KHC:12442 WP No. 38741 of 2025 No.3 did not enter appearance and was consequently placed ex- parte. Subsequently, the petitioner-defendant No.3 filed the instant application under Order IX Rule 7 CPC, inter alia contending that due to bonafide reasons, unavoidable circumstances and sufficient cause, the petitioner could not enter appearance and file written statement and since the petitioner has a good case to urge on merits and a valid defence, it is necessary that the order placing him ex parte be set aside and the petitioner be permitted to file written statement and contest the suit on merits. The said application having been opposed by the plaintiff, the Trial Court proceeded to pass the impugned order rejecting the application, 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 has adopted a hyper-technical approach in failing to appreciate and consider that having regard to the valuable proprietary and possessory rights of the parties being involved in the suit, which was one for partition and coupled with the fact that the inability and omission on the part of the petitioner to enter appearance and contest the suit by filing - 6 - HC-KAR NC: 2026:KHC:12442 WP No. 38741 of 2025 written statement was due to bona fide reasons, unavoidable circumstances and sufficient cause, consequently, I deem it just and appropriate to adopt a justice-oriented approach and set aside the impugned order and permit the petitioner to file written statement and contest the proceedings by issuing directions to the Trial Court. 5. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The impugned order dated 29.11.2025 passed in O.S.No.548/2014 by the Additional Senior Civil Judge, Doddaballapura is hereby set aside. (iii) The application dated 03.11.2025 filed by the petitioner under Order IX Rule 7 CPC stands allowed and the order placing the petitioner ex parte is hereby set aside. (iv) Petitioner is directed to file written statement without taking any adjournment on 30.04.2026 under any circumstances whatsoever. (v) Immediately upon the petitioner filing the written statement as stated supra, the Trial Court shall frame - 7 - HC-KAR NC: 2026:KHC:12442 WP No. 38741 of 2025 additional issues, if any, and proceed further and dispose of the suit within a period of six months from 30.04.2026. (vi) All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 2 Sl No.: 78