[Cites 3, Cited by 0]
Karnataka High Court
Rangaraju vs Smt. H. G. Jaganmatha on 3 February, 2026
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2026:KHC:6144
WP No. 2374 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.2374 OF 2025 (GM-CPC)
BETWEEN:
RANGARAJU
S/O RANGANNAPPA
AGED ABOUT 53 YEARS
R/O GULAHARIVE VILLAGE,
GULUR HOBLI, TUMAKURU TALUK 572 216
...PETITIONER
(BY SRI. PAVAN KUMAR G., ADVOCATE)
AND:
1. SMT. H. G. JAGANMATHA
D/O H.M.GURUPALAKSHA
AGED ABOUT 50 YEARS
R/O "SIDDESH NILAYA"
BEHIND HMS COLLEGE,
Digitally signed NRUPATHUNGA EXTENSION,
by CHANDANA
BM SHETTIHALLI MAIN ROAD,
Location: High TUMAKURU CITY - 572 114
Court of
Karnataka
2. RANGANNAPPA
S/O DODDARANGAIAH
AGED ABOUT 74 YEARS
3. NAGARATHNA
D/O RANGANNAPPA
AGED ABOUT 44 YEARS
R2 & R3 ARE R/O
GULAHARIVE VILLAGE,
GULUR HOBLI, TUMAKURU TALUK - 572 216
...RESPONDENTS
-2-
NC: 2026:KHC:6144
WP No. 2374 of 2025
HC-KAR
(BY SRI. SRINIVASA D C.,ADVOCATE FOR R1;
NOTICE TO R2 & R3 ARE D/W)
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH IMPUGNED ORDER
11.11.2024 IN O.S. NO. 147/2018 BY THE II ADDITIONAL SENIOR
CIVIL JUDGE, TUMAKURU ON INTERIM APPLICATION UNDER
SECTION 151 OF CIVIL PROCEDURE CODE AS FOUND AT ANNX-A.
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 defendant No.2 in O.S.No.147/2018 on the
file of the II Addl. Senior Civil Judge, Tumakuru (for short "the Trial
Court") is directed against the impugned order dated 11.11.2024,
whereby the application filed by the petitioner on 02.08.2024 for
permission to file written statement by condoning the delay 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. For the order proposed notice to respondent Nos.2 and
3 is dispensed with.
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HC-KAR
4. A perusal of the material on record will indicate that in
the first instance, the aforesaid suit in O.S.No.148/2018 filed by
respondent No.1-plaintiff against the petitioner-defendant No.2 and
respondent Nos.2 and 3 - defendant Nos.1 and 3 was decreed in
favour of the plaintiff against the defendants vide judgment and
decree dated 02.08.2022 passed by the Trial Court. Aggrieved by
the said Judgment and Decree, the defendants approached this
Court in RFA No.1672/2022, which was allowed by this Court,
which set aside the Judgment and Decree of the Trial Court and
remitted the matter back to the Trial Court for reconsideration of the
matter afresh, in accordance with law. The operative portion of the
said judgment passed by this Court is as under:
"16. In the result, the following:
ORDER
(i) Appeal is allowed.
(ii) The suit is restored to the file of II Additional Senior Civil
Judge and JMFC, Tumakuru to the stage of evidence,
with a direction to dispose of the suit expeditiously
subject to appellants paying cost of Rs.50,000/- to the
respondent; and
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(iii) Parties are directed to appear before the Trial Court
without notice on 05.09.2023.
(iv) Registry shall refund the Court fee in accordance with
law."
5. Subsequently, instead of filing written statement, the
petitioner kept taking adjournments and filed an application on
02.08.2024 for permission to file written statement. The said
application having been opposed by the plaintiff, the Trial Court
proceeded to pass the impugned order declining to show any
indulgence in favour of the petitioner, who is before this court by
way of the present petition.
6. Learned counsel for the petitioner submits that the
petitioner has good defence to urge on merits and undertakes to
co-operate with the Trial Court for expeditious disposal of the suit
and would abide by any terms and conditions that would be
imposed by this Court for the purpose of taking his written
statement on record and the Trial Court may be directed to dispose
of the suit, as expeditiously as possible.
7. Per contra learned counsel for respondent No.1-
plaintiff submits that the Trial Court may be directed to receive the
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HC-KAR
written statement of the petitioner on record and with a direction to
the Trial Court to dispose of the suit within a period of six months
from the next date of hearing.
8. In view of the aforesaid facts and circumstances, I
deem it just and appropriate to adopt a justice oriented approach
and set aside the impugned order and direct the Trial Court to
receive the written statement filed by the petitioner by imposing
certain conditions:
9. In the result, I pass the following:
ORDER
(i) The petitioner is allowed.
(ii) The impugned order dated 11.11.2024 passed in
O.S.No.147/2018 on the file of the II Addl. Senior
Civil Judge, Tumakuru, is hereby set aside.
(iii) The application filed by the petitioner under
Section 151 CPC for permission to file written
statement is allowed.
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(iv) The written statement of petitioner-defendant
No.2 is directed to be received on record by the
Trial Court.
(v) The Trial Court shall dispose of the suit on merits
within a period of four months from the next date
of hearing i.e., 20.02.2026..
(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
BMC: List No.: 1 Sl No.: 27
