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Sri. Ravi S v. Sri. Chandrashekar

Civil Procedure – Written statement – Taking on record

Karnataka HC27 Apr 2026WP/5169/2026

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Karnataka High Court (Bengaluru), NC: 2026:KHC:23397, WP No. 5169 of 2026 (GM-CPC), decided 27-04-2026 by Justice K. V. Aravind. Keywords: Article 227 certiorari, written statement, Order VIII Rule 1 CPC, ex parte defendants, suit for specific performance, O.S. No.220/2025 Srirangapatna, rejection of application to take written statement, cost Rs.5,000/- to plaintiff, set aside trial Court order, contentions kept open.

What did the court decide?

Order dated 28.01.2026 in O.S. No.220/2025 set aside; trial Court directed to take the petitioner's written statement on record, subject to payment of Rs.5,000/- as cost to the plaintiff. ¶43

Sri. Ravi S Vs Sri. Chandrashekar — Writ and Judicial Review | Karnataka HC (2026)

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NC: 2026:KHC:23397 WP No. 5169 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 27^TH DAY OF APRIL, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO.5169 OF 2026 (GM-CPC)

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BETWEEN:

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SRI. RAVI.S. S/O SWAMY AGED ABOUT 38 YEARS AMEBDKAR NAGAR, BELAGOLA VILLAGE BELAGOLA TALUK, SRIRANGAPATNA, MANDYA -571606

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…PETITIONER

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(BY SRI. SUNEEL.S.NARAYAN, ADVOCATE)

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AND:

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Digitally signed by VINUTHA B S Location: High Court of Karnataka

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SRI. CHANDRASHEKAR S/O D V RUDRAIAH AGED ABOUT 51 YEARS R/AT: NO.EWS 179, 1^ST STAGE, 4^TH CROSS, KUVEMPUNAGAR MYSORE -570023

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SMT.ASHWINI W/O RAVI.S. AGED ABOUT 28 YEARS

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MASTER RISHI S/O RAVI S AGED 10 YEARS (SINCE DEF NO.3/RESP NO.3 MINOR REPRESENTED BY HIS NATURAL GUARDIAN THE MOTHER DEF NO.2/RES NO.2)

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NC: 2026:KHC:23397 WP No. 5169 of 2026

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HC-KAR

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KUMARI POORVIKA D/O RAVI S AGED 4 YEARS, R/AT AMEBDKAR NAGAR, (SINCE DEF NO.3/RESP NO.3 MINOR, REP. BY HER NATURAL GUARDIAN THE MOTHER DEF NO.2/RES NO.2)

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DEFENDANT NO.2 TO 4/RESPONDENT NO.2 TO 4 RESIDING AT AMBEDKAR NAGAR, BELAGOLA VILLAGE BELAGOLA TALUK, SRIRANGAPATNA, MANDYA -571606.

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…RESPONDENTS

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(BY SRI. NARAYANA.S., ADVOCATE FOR R1)

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THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI, OR ANY OTHER WRIT, ORDER OR DIRECTION OF SIMILAR NATURE TO QUASH/SET ASIDE THE ORDER DATED 28-01-2026 PASSED IN O.S.NO.220/2025 BEFORE THE 1^ST ADDL. SENIOR CIVIL JUDGE, AT SRIRANGAPATNA, ANNEXUREC AND IN TURN ALLOW THE WRITTEN STATEMENT FILED BY PETITIONER AT ANNEXURE-B AND ETC.

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

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CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND

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3 - NC: 2026:KHC:23397 WP No. 5169 of 2026

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HC-KAR

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ORAL ORDER

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Heard Sri. Suneel S. Narayan, learned counsel for the petitioner, and Sri. S. Narayana, learned counsel for respondent No.1.

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Defendant No.1 in O.S. No.220/2025 on the file of the I Additional Senior Civil Judge, Srirangapatna, has preferred this writ petition challenging the order dated 28.01.2026, whereby the trial Court rejected the application seeking to take the written statement on record and placed the defendants exparte .

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Learned counsel for the petitioner submits that the suit is one for specific performance and that, for want of necessary documents, the petitioner could not file the written statement earlier. He submits that the written statement was, however, filed within the time permitted under Order VIII Rule 1 of the Code of Civil Procedure, 1908 (For short ”CPC”), and therefore, the trial Court ought to have taken the same on record.

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Per contra , learned counsel for respondent No.1 submits that the petitioner had not filed any application before the trial

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4 - NC: 2026:KHC:23397 WP No. 5169 of 2026

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HC-KAR

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Court seeking to take the written statement on record. Hence,

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no error can be found in the order passed by the trial Court. However, learned counsel fairly submits that, in the interest of justice and equity, the written statement may be permitted to be taken on record, subject to such terms as this Court deems fit.

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Having considered the submissions made by the learned counsel for both parties and the nature of the suit, this Court is inclined to entertain this writ petition and direct the trial Court

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to take the written statement on record. Hence, the following:

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ORDER

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