IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 1435 OF 2026 (GM-CPC)

BETWEEN:

1. SRI ARAVINDA SHENOY S/O LATE A. RAMANANDA SHENOY, AGED ABOUT 36 YEARS, 2. SRI. ASHWIN SHENOY S/O LATE A. RAMANANDA SHENOY, AGED ABOUT 35 YEARS, BOTH ARE RESIDING AT NO.266/1, G.K. LANE, SALMARA, KARKALA, UDUPI DISTRICT – 574 104.

…PETITIONERS (BY SRI. LOKESH S. G., ADVOCATE)

AND:

1. SRI DAYANANDA PRABHU Digitally signed S/O LATE VENKATRAYA PRABHU, by CHANDANA B M AGED ABOUT 69 YEARS, Location: H igh RESIDING AT “WELCOME HOTEL”, Court of NEAR BUS STAND, KARKALA TALUK, Karnataka UDUPI DISTRICT – 574 104.

2. SRI. DR. VIDYANANDA PRABHU S/O LATE VENKATRAYA PRABHU, AGED ABOUT 55 YEARS RESIDING AT 603, LEELADURGA, NEW LINK ROAD, NEAR DON BASCO SCHOOL, OZIRANKA, BORIVILLI (WEST)

MUMBAI – 400 091.

3. SRI. NITHYANANDA PRABHU S/O LATE VENKATRAYA PRABHU, AGED ABOUT 60 YEARS, RESIDING AT B-5, 3^RD FLOOR, JNANESHWARI BUILDING, VITOBHA TEMPLE ROAD, MANGALORE – 575 001.

4. SMT. PRABHAVATHI @ SULOCHANA PRABHU D/O LATE VENKATRAYA PRABHU, AGED ABOUT 69 YEARS, RESIDING AT B-5, 2^ND FLOOR, JNANESHWARI BUILDING.

VITOBHA TEMPLE ROAD, MANGALORE – 575 001.

5. MRS. YOGINI SUBRAYA NAYAK W/O SUBRAYA MUKUNDA NAYAK, AGED ABOUT 57 YEARS, RESIDING AT NO.401, ANAM BUILDING, OPP. DAMODHARA MEIDICAL STORES, BABAI, LOKAMANYA TILAK ROAD, BORIVILI(WEST), MUMBAI-400 091.

6. SMT. JAYALAXMI SADANANDA NAYAK, W/O SADANANDA MUKUNDA NAYAK, AGED ABOUT 52 YEARS, C/O YOGINI SUBRAYA NAYAK, RESIDING AT NO.401, GORAI MANGALAMURTHI BUILDING, D’ WING, LOKAMANYA TILAK ROAD, BORIVILI(WEST), MUMBAI – 400 091.

7. SMT. ARCHANA SATHISH SHENOY W/O SATHISH SHENOY, AGED ABOUT 51 YEARS RESIDING AT 201, JAYESH BUILDING, NEW LINK ROAD, NEAR DON BASCO SCHOOL, OZIRANKA, BORIVILLI (WEST)

MUMBAI – 400 091.

8. SMT. KIRAN MUKESH PRABHU W/O MUKESH PRABHU, AGED ABOUT 49 YEARS RESIDING AT 305, BUILDING NO. 52, MAHARASTRA HOUSING BOARD, GANESH NAGAR, KANDIVILLI (WEST)

MUMBAI – 400 067. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 17.11.2025 PASSED BY HON’BLE SENIOR CIVIL JUDGE AND ACJM, KARKALA IN R.A.NO. 2/2019 VIDE ANNX-A.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

This petition by the legal representatives of respondent No.1(a) and respondent No.1(b) in R.A.No.2/2019 is directed against the impugned order dated 17.11.2025 passed by the Senior Civil Judge and ACJM, Karkala, whereby the cross objections filed by the 3^rd respondent who was 3^rd defendant were taken/received on record by the first appellate court by holding as under;

“ORDERS This order came to be pronounced as the 3^rd respondent filed cross objections to the above appeal and objections were raised by the 2^nd respondent to receive the cross-objections of the 3^rd respondent.

2. The respondent No.2 submits that the cross-

objection has to be filed within the period of limitation and the Hon’ble High Court of Karnataka has permitted the petitioner to contest the appeal in accordance with the law. That the law does not permit to file cross-objections after the period of one month from the date of service of notice and hence sought for rejection of the same.

3. Heard from counsel for the respondents 2 and 3.

4. The following point arise for my determination.

“Whether the cross-objections filed by the 3^rd respondent is to be taken on record?”

5. My answer to the above point is in ‘affirmative’, for the following REASONS

6. This is an appeal preferred against the judgment and decree of Principal civil Judge and J.M.F.C., Karkala, in O.S.No.59/2011 dated 27-11-2018. It would be pertinent to note that this 3^rd respondent who was 3^rd defendant in the original suit, failed to file the written statement in time. However the trial court rejected the written statement, against which order, writ was preferred and the Hon’bl