Smt v. Srimathi Bai v Sri K v Puttegowda
Case brief
What is this about?
Karnataka High Court, Bengaluru; Justice S.R. Krishna Kumar; 13 January 2026; WP No. 34652 of 2025 (GM-CPC); writ petition under Article 227 of Constitution of India; defendant No.2 in O.S.No.3143/2018; XXXV Additional City Civil and Sessions Judge Bengaluru; impugned order dated 21.08.2025 on I.A.No.17 and I.A.No.18 rejected; Order IX Rule 7 CPC set aside ex parte order; Order VIII Rule 1 CPC permission to file written statement; affidavit averments valid and sufficient ground/cause; justice-oriented approach; one more opportunity to contest suit on merits; valuable proprietary and possessory rights over suit schedule immovable property; declaration, possession, injunction suit; petition allowed; impugned order set aside; Trial Court to receive written statement and proceed in accordance with law.
What did the court decide?
Petition allowed; impugned order dated 21.08.2025 passed on I.A.Nos.17 and 18 in O.S.No.3143/2018 set aside; I.A.Nos.17 and 18 (Order IX Rule 7 CPC and Order VIII Rule 1 CPC) allowed; Trial Court directed to receive the written statement filed by the petitioner along with I.A.No.18 and proceed further in accordance with law.