IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 16479 OF 2022 (GM-CPC)

BETWEEN:

SRI. RAMESH KUMAR S/O K.N.SURYANARAYANA SETTY, AGED ABOUT 71 YEARS, RETIRED SUB-INSPECTOR OF POLICE (WIRELESS), PRESENTLY RESIDING AT NO.5, JUMMA MASJID ROAD, AVENUE ROAD CROSS, BEHIND INDIAN BANK, BANGALORE-560 002.

… PETITIONER (BY SRI. RAHUL.S.REDDY., ADVOCATE)

AND:

1. K.S.SATISH KUMAR S/O K.N.SURYANARAYANA SETTY, AGED ABOUT 57 YEARS, PRESENTLY R/AT NO.22/A, GRAMADEVATHA ROAD, MAVALLI BANGALORE-560 004.

2. SMT. SHOBHA RANI W/O LATE D.S.DWARAKANATH, AGED MAJOR, R/AT NO.67, OPPOSITE RASHMI KALA BHAVAN, KATHRIGUPPE MAIN ROAD, BANASHANKARI 3^RD STAGE, BANGALORE-560 085. 3. SRI. RAJASHEKAR S/O P.K.N.SURYANARAYANA SETTY, AGED ABOUT 51 YEARS, PRESENTLY R/AT NO.5 JUMMA MASJID ROAD, AVENUE ROAD, CROSS BEHIND INDIAN BANK, BANGALORE-560 002. K.S.CHANDRASHEKAR S/O K.N.SURYANARAYANA SETTY, SINCE DEAD BY HIS LR’S

4. KUM. RUCHI D/O LATE CHANDRASHEKAR, AGED ABOUT 21 YEARS, R/AT NO.10-249, I FLOOR, KAMMA STREET, MADANAPALLI-517 325, CHITTOOR DISTRICT, ANDHRA PRADESH.

5. K.R.NAGENDRA KUMAR S/O RAMESH KUMAR.K.S.

AGED ABOUT 33 YEARS, R/AT NO.5, 1^ST FLOOR, AVENUE ROAD CROSS, JUMMA MASJID ROAD, CHICKPET, BENGALURU-560 002.

… RESPONDENTS (BY SRI. SURYA PRASAD.L., ADVOCATE FOR SRI. SUDHEER.D.A., ADVOCATE FOR R1, R3 & R4;

R5-SERVED)

THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE COSNTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS IN O.S.NO.16790/2006 ON THE FILE OF THE LV ADDL. CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH-56) QUASH THE ORDER DTD 12.07.2022 PASSED ON I.A.NO.28 FILED BY THE PETITIONER U/S 151 CPC SEEKING PERMISSION TO FILE THE WRITTEN STATEMENT IN O.S.NO.16790/2006 ON THE FILE OF THE LV ADDL. CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH-56) VIDE ANNEXURE-E AND ALLOW THE SAID APPLICATION.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU

ORAL ORDER

1. The present petition has been filed seeking to challenge an order dated 12.07.2022 passed on IA.No.28 filed under Section 151 of the Code of Civil Procedure, 1908, in O.S.No.16790/2006 by the LV Additional City Civil and Sessions Judge at Bengaluru (CCH-56) [hereinafter referred to as the ‘Impugned Order’]. By the Impugned Order, the application seeking permission to file a Written Statement after a lapse of 4745 days delay has been dismissed by the learned Trial Court.

2. None appears for the respondents except counsel for respondent Nos.1, 4 and 3 (A and B), despite service. This Court by an order dated 24.08.2022, directed a stay of proceedings before the Trial Court. These directions have continued as is till today. It is not disputed by the parties that the suit was filed in the year 2006 and more than 20 years have lapsed. In view of the fact that the suit before the Trial Court which has been stayed by this Court was filed in the year 2006, this Court deems it apposite to hear and decide the matter today.

3. The learned counsel for the petitioner/defendant No.2 has contended that the petitioner/defendant No.2 had filed an application seeking to place his Written Statement on record. Relying on this application, learned counsel has contended that the petitioner/defendant No.2 was being represented by a counsel who was representing other defendants as well. However, despite instructions to that counsel, no Written Statement was filed. The learned counsel further submits that since the petitioner/defendant No.2 was not in the city until the year 2012, the petitioner/defendant No.2 was not aware of what was going on in the case. Reliance by learned counsel for the petitioner/defendant No.2 is placed on the judgment of the Coordinate Bench of this Court in Sri.Kempegowda Vs.

Smt.Venkamma and Others, WP No.41017/2016 Order Dated 21.03.2017, wherein in the case relied upon, the Written Statement filed after 8 y