Karnataka High Court
WP/25838/2026 of SRI. CHIKKAPPA Vs SMT. ERAMMA on 21 September 2026
CNR: KAHC010567442026 NC: 2026:KHC:51785 WP No. 25838 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO.25838 OF 2026 (GM-CPC) BETWEEN: SRI. CHIKKAPPA, S/O PARASHIRAMAPPALA PARASAPPA,
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO.25838 OF 2026 (GM-CPC)
BETWEEN:
SRI. CHIKKAPPA,
S/O PARASHIRAMAPPALA PARASAPPA,
AGED ABOUT 45 YEARS,
OCC AGRICULTURIST AND BUSINESS,
R/AT DHODDABATI VILLAGE,
DAVANAGERE DISTRICT.
…PETITIONER
(BY SRI. MARUTHI G B., ADVOCATE)
AND:
1.
SMT. ERAMMA,
W/O LATE HANUMANTHAPPA,
AGED ABOUT 73 YEARS,
R/AT KYASAPURA VILLAGE,
CHKKAPURA POST,
CHITRADURGA TALUK AND
DISTRICT - 577 501.
2.
GANGAMMA,
D/O LATE HANUMANTHAPPA,
W/O BASAVARAJAPPA P.G.
AGED ABOUT 64 YEARS,
R/AT NO.2/6,
NEAR DURGAMBIKA TEMPLE,
NITUVALLI, DAVANAGERE - 577 001.
3.
SMT. YASHODAMMA,
W/O RUDRAPPA,
Digitally
signed by
REKHA R
Location:
High Court
of Karnataka
HC-KAR
AGED ABOUT 62 YEARS,
AGRICUTURIST,
R/AT NARASIPURA VILLAGE,
KOGGANURU POST,
DAVANAGER TALUK AND
DISTRICT - 577 001.
4.
KENCHAMMA,
D/O LATE HANUMANTHAPPA,
W/O DHARMAPPA,
AGED ABOUT 46 YEARS,
R/AT GOURAHALLI VILLAGE,
HARAPANAHALLI TALUK,
VIJAYANAGARA DISTRICT - 560 040.
5.
MALLAMMA,
D/O LATE HANUMANTHAPPA,
W/O ANJINAPPA,
AGED ABOUT 44 YEARS,
AGRICULTURIST,
R/AT YALLAPURUA VIALLAGE,
HARAPANAHALLI TALUK,
VIJAYANAGAR DISTRICRT - 560 040.
6.
HALAMMA,
D/O LATE HANUMANTHAPPA,
AGED ABOUT 36 YEARS,
AGRICUTURIST,
R/AT DHODDABATI VILLAGE,
DAVANAGERE TALUK AND
7.
MAHESHWARAPPA,
AGED ABOUT 74 YEARS,
AGRICULTURIST,
R/AT HADADI VILLAGE,
DAVANAGERE TALUK AND
DISTRICT - 577 001.
…RESPONDENTS
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE
WRIT, ORDER OR DIRECTION, QUASHING THE ORDER DATED
16.07.2026 PASSED IN O.S. NO.300/2022 BY THE LEARNED II
ADDL. SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE, MARKED AT ANNEXURE-A. AND DIRECT THE TRIAL COURT TO
REOPEN THE STAGE AND RECEIVE THE WRITTEN STATEMENT
OF DEFENDANT NOS.1(A) TO 1(E) ON RECORD AND ETC.,
THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
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ORAL ORDER
The present petition is filed assailing the order dated 16.07.2026 passed on I.A. Nos.2 and 3 in O.S. No.300/2022, whereby the application seeking permission to file the written statement has been rejected. The Trial Court, in the impugned order, has observed as under:
"7. In the present case, though the defendant No.1(a to e) appeared through their counsel on 17-12-2022 till matter is reserved for judgment, the defendant No.1(a to e) have failed to file written statement nor to participate in the proceedings. There is delay of nearly more than four years in seeking leave to file written statement."
2. Learned counsel appearing for the petitioner is unable to dispute the finding recorded by the Trial Court, as extracted above. There are no bonafide reasons for not filing
HC-KAR
written statement for more than 4 years. In the absence of any bonafide reasons, the petitioner is not entitled to extension of time to file written statement. In view of the above, this Court finds no reason to interfere with the finding recorded by the Trial Court. No grounds are made out to warrant interference. Accordingly, the writ petition is dismissed.
Sd/- (K. V. ARAVIND) JUDGE
DR List No.: 1 Sl No.: 19