Full Judgment Text
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NC: 2026:KHC:1874
WP No. 21 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 13 DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 21 OF 2025 (GM-CPC)
BETWEEN:
1. MRS. PAVANA DIBBUR
D/O MR. DIBBUR KUMAR,
AGED ABOUT 47 YEARS,
R/AT FLAT NO.528,
5TH CROSS, HMT LAYOUT,
R T NAGAR,
BENGALURU-560032
…PETITIONER
(BY SRI. VISHWAS S. REDDY., ADVOCATE)
Digitally signed
by
SHARADAVANI
B
Location: High
Court of
Karnataka
AND:
1. M/S ALLIANCE BUSINESS SCHOOL
ALLIANCE UNIVERSITY-CENTRAL CAMPUS,
CHIKKAHADAGE CROSS,
CHANDAPURA-ANEKAL MAIN ROAD,
BENGALURU, KARNATAKA-562106
REP. BY ITS DIRECTOR
ABHAY CHEBBI S/O. G.B.CHEBBI
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2. MADHUKAR G ANGUR
S/O G B ANGUR,
AGED ABOUT 65 YEARS,
R/AT NO.48/A, IST CROSS,
17TH MAIN, BTM LAYOUT,
IST STAGE,
BENGALURU-560068
3. N RAMAKRISHNA
S/O R NARAYANA REDDY,
AGED ABOUT 55 YEARS,
R/AT GUDDAHATTI VILLAGE,
ATTIBELE HOBLI,
ANEKAL TALUK,
BENGALURU-562107
…RESPONDENTS
(BY SRI.CYRIL PRASAD PAIS, ADVOCATE FOR C/R1)
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER
DATED 19.11.2024, PASSED ON I.A.NO.8 UNDER SECTION 151
OF CODE OF CIVIL PROCEDURE BY THE PRINCIPAL SENIOR
CIVIL JUDGE AND JMFC AT ANEKAL, IN O.S.NO.317/2018
ANNEXURE-F AND DIRECT THE TRIAL COURT TO TAKE THE
WRITTEN STATEMENT (ANNEXURE-C) ON RECORD AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
This petition was filed by defendant No.3 in
O.S.No.317/2018 is directed against the impugned order dated
19.11.2024, whereby the application-I.A.No.8 filed by the
petitioner/defendant No.3 under Section 151 of the CPC for
permission to file written statement was rejected by the trial
Court.
2. Heard learned counsel for the petitioner, learned
counsel for respondent No.1 and perused the material on
record.
3. For the order proposed, notice to respondent Nos.2
and 3 is dispensed with.
4. A perusal of the material on record will indicate that
respondent No.1/plaintiff initially instituted a suit against
respondent Nos.2 and 3 for declaration, permanent injunction
and other reliefs in relation to the suit schedule immovable
property. The petitioner, who was initially not arrayed as a
party defendant to the suit, was subsequently impleaded at the
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instance of the plaintiff in the year 2022 and the matter was
posted on 11.01.2023 for the petitioner to file her written
statement. But since the petitioner did not file her written
statement, the same was taken as 'NIL' and the matter was
adjourned upto 01.10.2024, on which date, the petitioner filed
the instant I.A.No.8 for permission to file the written statement
by recalling the order dated 11.01.2023. The said application
having been opposed by the plaintiff, the trial Court proceeded
to pass the impugned order rejecting the application, aggrieved
by which, the petitioner is before this Court by way of the
present petition.
5. A perusal of the impugned order will indicate that
the trial Court has taken into account the conduct of the
petitioner for the purpose of rejecting the application by holding
that the petitioner had knowledge of the proceedings and that
neither valid nor sufficient ground had been made out by the
petitioner for the purpose of seeking permission to file a written
statement. In this context, the trial Court failed to consider and
appreciate the affidavit filed in support of the application, which
reads as under:
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NC: 2026:KHC:1874
WP No. 21 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 13 DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 21 OF 2025 (GM-CPC)
BETWEEN:
1. MRS. PAVANA DIBBUR
D/O MR. DIBBUR KUMAR,
AGED ABOUT 47 YEARS,
R/AT FLAT NO.528,
5TH CROSS, HMT LAYOUT,
R T NAGAR,
BENGALURU-560032
…PETITIONER
(BY SRI. VISHWAS S. REDDY., ADVOCATE)
Digitally signed
by
SHARADAVANI
B
Location: High
Court of
Karnataka
AND:
1. M/S ALLIANCE BUSINESS SCHOOL
ALLIANCE UNIVERSITY-CENTRAL CAMPUS,
CHIKKAHADAGE CROSS,
CHANDAPURA-ANEKAL MAIN ROAD,
BENGALURU, KARNATAKA-562106
REP. BY ITS DIRECTOR
ABHAY CHEBBI S/O. G.B.CHEBBI
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2. MADHUKAR G ANGUR
S/O G B ANGUR,
AGED ABOUT 65 YEARS,
R/AT NO.48/A, IST CROSS,
17TH MAIN, BTM LAYOUT,
IST STAGE,
BENGALURU-560068
3. N RAMAKRISHNA
S/O R NARAYANA REDDY,
AGED ABOUT 55 YEARS,
R/AT GUDDAHATTI VILLAGE,
ATTIBELE HOBLI,
ANEKAL TALUK,
BENGALURU-562107
…RESPONDENTS
(BY SRI.CYRIL PRASAD PAIS, ADVOCATE FOR C/R1)
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER
DATED 19.11.2024, PASSED ON I.A.NO.8 UNDER SECTION 151
OF CODE OF CIVIL PROCEDURE BY THE PRINCIPAL SENIOR
CIVIL JUDGE AND JMFC AT ANEKAL, IN O.S.NO.317/2018
ANNEXURE-F AND DIRECT THE TRIAL COURT TO TAKE THE
WRITTEN STATEMENT (ANNEXURE-C) ON RECORD AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
This petition was filed by defendant No.3 in
O.S.No.317/2018 is directed against the impugned order dated
19.11.2024, whereby the application-I.A.No.8 filed by the
petitioner/defendant No.3 under Section 151 of the CPC for
permission to file written statement was rejected by the trial
Court.
2. Heard learned counsel for the petitioner, learned
counsel for respondent No.1 and perused the material on
record.
3. For the order proposed, notice to respondent Nos.2
and 3 is dispensed with.
4. A perusal of the material on record will indicate that
respondent No.1/plaintiff initially instituted a suit against
respondent Nos.2 and 3 for declaration, permanent injunction
and other reliefs in relation to the suit schedule immovable
property. The petitioner, who was initially not arrayed as a
party defendant to the suit, was subsequently impleaded at the
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instance of the plaintiff in the year 2022 and the matter was
posted on 11.01.2023 for the petitioner to file her written
statement. But since the petitioner did not file her written
statement, the same was taken as 'NIL' and the matter was
adjourned upto 01.10.2024, on which date, the petitioner filed
the instant I.A.No.8 for permission to file the written statement
by recalling the order dated 11.01.2023. The said application
having been opposed by the plaintiff, the trial Court proceeded
to pass the impugned order rejecting the application, aggrieved
by which, the petitioner is before this Court by way of the
present petition.
5. A perusal of the impugned order will indicate that
the trial Court has taken into account the conduct of the
petitioner for the purpose of rejecting the application by holding
that the petitioner had knowledge of the proceedings and that
neither valid nor sufficient ground had been made out by the
petitioner for the purpose of seeking permission to file a written
statement. In this context, the trial Court failed to consider and
appreciate the affidavit filed in support of the application, which
reads as under:
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| "AFFIDAVIT | ||
|---|---|---|
| I, Mrs. Pavana Dibbur D/o Mr.Dibbur Kumar, | ||
| Aged about 47 years, R/at. Flat No.528, 5th Cross, | ||
| HMT Layout, R.T.Nagar, Benagluru-560032, today at | ||
| Anekal, do hereby solemnly affirm and state on oath | ||
| as follows: | ||
| 1. I submit that, I am the Defendant no.3 in the | ||
| above case. I am well conversant with the facts and | ||
| circumstances of the case. Hence I am swearing to | ||
| this affidavit. | ||
| 2. I submit that, due to the shock of my husbands | ||
| death due to murder, I had gone into depression. I | ||
| further submit that, I could not focus at all the things | ||
| at once as my main priority was to secure my | ||
| family's safety from others. | ||
| 3. I submit that, due to the above said reason, I | ||
| could not pursue this case with my advocate in time | ||
| and follow up the case. | ||
| 4. I submit that, apart from the sale deed, I did not | ||
| have any documents to be provided to my advocate | ||
| for preparing of the written statement. Therefore, it | ||
| took time for me to procure the documents. After | ||
| procuring the documents I met advocate and gave all | ||
| information and documents to prepare the Written | ||
| Statement. Hence I could not file the written | ||
| statement in time. | ||
| Wherefore I pray this Hon'ble Court be pleased to | ||
| allow my application and permit me to file the | ||
| written Statement. | ||
| I, Mrs. Pavana Dibbur, the Defendant No.3 herein, | ||
| do hereby declare that this is my name and | ||
| signature and the contents of this affidavit in paras 1 | ||
| to 4 are true and correct to the best of our | ||
| knowledge, information and belief." |
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6. As can be seen from the aforesaid affidavit filed by
the petitioner in support of the application, she has
categorically stated that on account of the demise of her
husband, she underwent the psychological issues and was in
depression and could not secure necessary documents which
would enable her to give instructions to her counsel to prepare
and file the written statement. The petitioner also contended
that since the accused in the criminal case, which was filed due
to the demise of her husband, was enlarged on bail which also
created a psychological fear in the mind of the petitioner, she
could not approach the advocate and ensure that the written
statement is filed within the stipulated time frame.
7. In my considered opinion, the various reasons and
grounds assigned by the petitioner in the affidavit in support of
the application clearly constitute valid and sufficient grounds for
the purpose of condoning the delay on the part of the petitioner
in filing the written statement.
8. In this context, it is also significant to note that the
suit being one for declaration, permanent injunction,
possession etc., in relation to the immovable property, the
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valuable proprietary and possessory rights of the parties are
involved in the suit, which necessitate granting one more
opportunity in favour of the petitioner to file her written
statement and contest the suit on merits.
9. Under these circumstances, I am of the considered
opinion that non-grant of permission in favour of the petitioner
to file written statement has clearly occasioned failure of justice
warranting interference by this Court in the present petition
and consequently, I deemed it just and proper to adopt justice
oriented approach and set aside the impugned order and allow
I.A.No.8 by imposing certain conditions upon the petitioner to
compensate the plaintiff for the delay in filing the written
statement.
10. In the result, the following:
ORDER
allowed
i. The petition is hereby .
ii. The impugned order dated 19.11.2024
passed on I.A.No.8 in O.S.No.317/2018 by
the Prl. Senior Civil Judge and JMFC at
Anekal is hereby set aside.
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iii. I.A.No.8 filed by the petitioner stands
allowed subject to the petitioner paying
Rs.1,00,000/- towards cost to respondent
th
No.1/plaintiff on or before 30 April, 2026
and the written statement filed by the
petitioner is directed to be received on
record.
iv. The trial Court is directed to frame
additional issues, if any, and proceed
further in the matter and dispose of the suit
as expeditiously as possible and within a
period of three (03) months from the date
of receipt of copy of this order.
v. Liberty is reserved in favour of the
petitioner to cross-examine PW1 and also
adduce evidence in support of her defence
on the date to be fixed by the trial Court
without seeking adjournment under any
circumstances whatsoever.
vi. The petitioner is hereby directed to
co-operate with the trail Court for
expeditious disposal of the suit.
vii. All rival contentions on all aspects of the
matter are kept open and no opinion is
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expressed on the merits/demerits of the
rival contentions.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
VM
List No.: 1 Sl No.: 8