[Cites 4, Cited by 0]
Karnataka High Court
Basamma vs Hampamma on 10 March, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2026:KHC-K:2251
WP No. 202494 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 202494 OF 2025 (GM-CPC)
BETWEEN:
1. SMT. BASAMMA W/O VEERESHAPPA,
AGE: 71 YEARS, OCC: AGRI., AND HOUSEHOLD,
R/O. KENGAL VILLAGE, TQ. SINDHANUR,
DIST. RAICHUR-584128.
2. K. BASAVARAJ S/O VEERESHAPPA,
AGE:49 YEARS, OCC: AGRICULTURE,
R/O KENGAL VILLAGE, TQ. SINDHANUR,
DIST. RAICHUR-584128.
...PETITIONERS
(BY SRI MAHANTESH PATIL, ADVOCATE)
Digitally signed by
SWETA KULKARNI
Location: HIGH AND:
COURT OF
KARNATAKA
1. SMT. HAMPAMMA W/O BASAVARAJ,
AGE: 71 YEARS, OCC: AGRI., AND HOUSEHOLD,
R/O. VALABELLARY VILLAGE, TQ. SINDHANUR,
DIST. RAICHUR-584128.
2. SMT. SHANKRAMMA W/O CHANNABASAPPA,
AGE: 85 YEARS, OCC: HOUSEHOLD,
R/O. KENGAL VILLAGE, TQ. SINDHANUR,
DIST. RAICHUR-584128.
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WP No. 202494 of 2025
HC-KAR
3. GURU BASAVA S/O CHANNABASAPPA,
AGE: 36 YEARS, OCC: AGRICULTURE,
R/O. AGALKERA VILLAGE,
TQ. AND DIST. KOPPAL-583231.
4. RUDRESH S/O CHANNABASAPPA,
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O. AGALKERA VILLAGE,
TQ. AND DIST. KOPPAL-583231.
5. VISHALAKSHI W/O SHIVARAJ,
AGE: 34 YEARS, OCC: HOUSEHOLD,
R/O SOUDI, TQ. RONA,
DIST. GADAG-582101.
6. UDAYAKUMAR S/O CHANNABASAPPA,
AGE: 32 YEARS, OCC: AGRICULTURE,
R/O AGALKERA VILLAGE,
TQ. AND DIST. KOPPAL-583231.
7. KUMARI VIDYASHREE D/O CHANNABASAPPA,
AGE: 30 YEARS, OCC: HOUSEHOLD,
R/O. AGALKERA VILLAGE,
TQ. AND DIST. KOPPAL-583231.
8. CHANDRASHEKHARAPPA
S/O CHANNABASAPPA,
AGE: 46 YEARS, OCC: AGRICULTURE,
R/O AGALKERA VILLAGE,
TQ. AND DIST. KOPPAL-583231.
9. SMT. SAVITRI W/O VEERESHAPPA,
AGE: 58 YEARS, OCC: AGRI., AND HOUSEHOLD,
R/O KANAKAGIRI VILLAGE,
TQ. GANGAVATI, DIST. KOPPAL-583227.
...RESPONDENTS
(BY SRI ARUNKUMAR AMARGUNDAPPA, ADVOCATE FOR R1;
V/O DTD. 10.03.2026 NOTICE TO R2 TO R9 IS DISPENSED
WITH)
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WP No. 202494 of 2025
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A)
SET ASIDE THE IMPUGNED ORDER ON I.A NO.16, IN O.S NO.
488/2014 DATED 23-07-2025 (WRONGLY MENTIONED AS 22-
08-2025) PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND
JMFC AT SINDHANUR VIDE ANNEXURE-K AND CONSEQUENTLY
ALLOW THE I.A NO. 16 IN OS NO. 488/2014 FILED BY THE
PETITIONER; B) PASS SUCH OTHER ORDERS OR DIRECTIONS
AS THIS COURT DEEMS JUST AND PROPER UNDER THE FACTS
AND CIRCUMSTANCES OF THE CASE AND ALLOW THIS WRIT
PETITION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
Defendant Nos.3 and 7 are before this Court in this
Writ Petition filed under Article 227 of the Constitution of
India with a prayer to set aside the order dated
23.07.2025 passed on I.A.No.16 in O.S.No.488/2014 by
the Senior Civil Judge and JMFC at Sindhanur [for brevity,
'the Trial Court'] at Annexure-K.
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HC-KAR
2. Heard the learned counsel for the parties.
3. Respondent No.1 herein has filed
O.S.No.488/2014 before the jurisdictional civil court at
Sindhanur seeking the relief of partition and separate
possession of the suit schedule properties. When the suit
was at the stage of further examination-in-chief of PW-1,
defendant Nos.3 and 7 had filed I.A.No.16 under Order 8
Rule 1 read with Section 151 of CPC with a prayer to
permit them to file their written statement. Said
application was filed on 21.07.2025. The plaintiff had not
filed any objection to the said application. Inspite of the
same, the Trial Court has rejected the said application vide
the impugned order on the ground that the written
statement is filed after a period of more than 10 years
from the date of filing of the suit. It is under these
circumstances, defendant Nos.3 and 7 are before this
Court.
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HC-KAR
4. Learned counsel for the petitioners submits that
defendant No.7 was impleaded in the present suit only on
27.10.2023 and the plaintiff has amended the plaint in
O.S.No.488/2014 by including item Nos.10 to 14
properties on 03.02.2024. The Trial Court has failed to
appreciate the aforesaid aspects of the matter and has
erred in rejecting I.A.No.16. He submits that limitation
provided to file written statement is directory and not
mandatory.
5. Per contra, learned counsel for respondent
No.1/plaintiff, who has opposed the petition, however,
does not dispute the submission made by learned counsel
for the petitioners that defendant No.7 was impleaded in
O.S.No.488/2014 only on 27.10.2023 and the plaint was
subsequently amended on 03.02.2024. He fairly submits
that written statement of defendant No.7 alone may be
accepted and he also prays that the Trial Court may be
directed to expedite trial and dispose of the suit at the
earliest.
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HC-KAR
6. The material on record would go to show that
application to implead defendant No.7 was filed on
27.10.2023 and after service of notice, defendant No.7
had appeared before the Trial Court only on 03.08.2024.
It appears that in the meanwhile the plaint was also
amended by the plaintiff and item Nos.10 to 14 properties
were included in the suit schedule. The Trial Court has
failed to appreciate the aforesaid aspects of the matter
and has rejected the application filed under Order 8 Rule 1
read with Section 151 of CPC, solely on the ground that
the said application was filed after a period of 10 years
from the date of suit. The learned counsel for respondent
No.1/plaintiff has fairly submitted that the written
statement filed on behalf of defendant No.7 who is the son
of defendant No.3 may be received.
7. In view of the aforesaid, the Writ Petition is
partly allowed. The impugned order passed on I.A.No.16
by the Trial Court in O.S.No.488/2014 is set aside and the
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HC-KAR
Trial Court is directed to receive the written statement
filed along with I.A.No.16 on behalf of defendant No.7
alone. Since the suit is of the year 2014, the Trial Court
shall make endeavours to expedite the trial and dispose of
the suit as expeditiously as possible.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
SWK
List No.: 1 Sl No.: 26
CT:PK
