Karnataka High Court
WP/14603/2026 of SRI DODDAPPAIAH Vs SMT JAYALAKSHMAMMA on 18 August 2026
CNR: KAHC010317132026 NC: 2026:KHC:44603 WP No. 14603 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 14603 OF 2026 (GM-CPC) BETWEEN: SRI.DODDAPPAIAH S/O LATE.BADIGAPPA AGED ABOUT
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF AUGUST, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 14603 OF 2026 (GM-CPC)
BETWEEN:
SRI.DODDAPPAIAH
S/O LATE.BADIGAPPA
AGED ABOUT 46 YEARS
R/AT JODIKRISHNAPURA VILLAGE
NARASAPURA HOBLI
KOLAR TALUK-563 133
…PETITIONER
(BY SRI. V.SHIVAKUMAR, ADVOCATE)
AND:
1.
SMT.JAYALAKSHMAMMA
W/O LATE.GURAPPA
AGED ABOUT 70 YEARS
R/AT. JODIKRISHNAPURA VILLAGE
NARASAPURA HOBLI
KOLAR TALUK-563 133
2.
SMT. NETHRAVATHI
D/O KRISHNAPPA
W/O SRINIVAS
AGED ABOUT 67 YEARS
R/AT JODIKRISHNAPURA VILLAGE
NARASAPURA HOBLI
KOLAR TALUK-563 133
PRESENTLY R/AT
HEDAKANAHALLI VILLAGE
NANDAGUDI HOBLI
Digitally
signed by
SUVARNA T
Location:
HIGH COURT
OF
KARNATAKA
HC-KAR
HOSAKOTE TALUK-562 122
…RESPONDENTS
(BY SRI. SHASHIDHARA S., ADVOCATE FOR R1
NOTICE TO R2 IS DISPENSED WITH V/O/D: 18/08/2026)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO PASS A WRIT OF
CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION
QUASHING
THE
IMPUGNED
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ORDER
DATED 17/02/2026, PASSED BY THE HONBLE COURT OF PRL. CIVIL JUDGE AND JMFC AT KOLAR, ON LA.NO.4, IN O.S.NO. 453/2025, REJECTING THE APPLICATION OF THE PETITIONER FILED UNDER SEC.151 OF CPC, SEEKING LEAVE TO FILE THE WRITTEN STATEMENT (AT ANNEXURE-F) AND CONSEQUENTLY ALLOW THE SAID APPLICATION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
Aggrieved by the order dated 17.02.2026 passed in I.A.No.IV in O.S.No.453/2025 by the Principal Civil Judge and JMFC, Kolar, the petitioner/defendant No.2 is before this Court.
2. It is submitted that there was a delay of 8 days and 45 days in filing the written statement by defendant Nos.1 and 2 respectively and the Court has refused to take the written statement on record.
HC-KAR
3. Learned counsel appearing for the petitioner submits that, in the light of the judgment of the Co-ordinate Bench of this court, wherein the Co-ordinate Bench had considered the amendment to the CPC and held that the Court has power to condone the delay and if the delay is not inordinate it can be condoned.
4. Learned counsel appearing for the respondent No.1 submits that, in the light of the amendment to the CPC, no discretion is conferred upon the trial Court, and once any application is filed beyond 120 days, the trial Court has to reject it.
5. Having heard the learned counsel on either side, perused the entire material on record. It is the case of the defendants that they were in the process of procuring some of the important material documents and, as such, could not file the written statement within the stipulated time. Considering that the delay is not inordinate and, in the factual circumstances, this Court deems it appropriate to pass the following order:
HC-KAR
ORDER
i. The order dated 17.02.2026 passed in I.A.No.IV in O.S.No.453/2025 by the Principal Civil Judge and JMFC, Kolar, is set aside.
ii. Consequently, I.A.No.IV is allowed.
iii. The petitioner shall proceed with the matter in accordance with the law without seeking unnecessary adjournments.
iv. Accordingly, the writ petition is allowed.
v. All I.As. in this petition shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
MEG List No.: 1 Sl No.: 26