Karnataka High Court
Mr. Krishnappa vs Sri. Chikka Sonnappa on 21 January, 2026
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NC: 2026:KHC:3476
W.P. No.4305/2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO.4305/2024 (GM-CPC)
BETWEEN:
MR. KRISHNAPPA
AGED ABOUT 76 YEARS
S/O H. SONNAPPA @ DODDASONNAPPA
R/AT. MANCHANABELE VILLAGE
KASABA HOBLI
Digitally signed
by ARSHIFA CHICKBALLAPUR TALUK - 562101.
BAHAR KHANAM
Location: High ...PETITIONER
Court Of
Karnataka (BY SRI. MOHAN CHANDRA P, ADV.,)
AND:
1. SRI. CHIKKA SONNAPPA
AGED ABOUT 85 YEARS
S/O LATE CHIKKAHANUMAPPA.
2. SRI. S. VENKATARAJU
AGED ABOUT 64 YEARS
S/O CHIKKA SONNAPPA.
3. SRI. VENKATAKRISHNAPPA
AGED ABOUT 57 YEARS
S/O CHIKKA SONAPPA.
4. SMT. RATHNAMMA
AGED ABOUT 48 YEARS
D/O CHIKKA SONNAPPA
W/O MUNIVENKATAPPA.
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ALL ARE R/AT.
MANCHENABELE VILLAGE
KASABA HOBLI
CHIKKABALLAPURA TALUK - 562101.
5. SRI. H. SONNAPPA @ DODDASONNAPPA
AGED ABOUT 89 YEARS
S/O CHIKKA HANUMAPPA
R/AT GUVALAKAHALLI VILLAGE
KASABA HOBLI
CHIKKABALLAPURA TALUK - 562101.
6. SMT. KANTHAMMA
AGED ABOUT 68 YEARS
W/O LATE C.H. VENKATARAYAPPA.
7. SRI. H.V. NATARAJ
AGED ABOUT 60 YEARS
S/O LATE C.H. VENKATARAYAPPA.
RESPONDENT NOS.6 AND 7 ARE
R/AT MANCHANABELE VILLAGE
KASABA HOBLI
CHIKKABALLAPURA TALUK - 562101.
8. SRI. RAMANJINAPPA
AGED ABOUT 46 YEARS
S/O AKKULAPPA.
9. SRI. ERAPPA
AGED ABOUT 80 YEARS
S/O CHIKKA DEVAPPA.
RESPONDENT NOS.8 & 9 ARE
R/AT GOVALAKNAHALLI VILLAGE
AVALAGURKI POST, KASABA HOBLI
CHIKKABALLAPURA TALUK - 562101.
10. SRI. MANI
AGED ABOUT 45 YEARS
S/O LATE KEMPA REDDY
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HC-KAR
R/AT. GOVALAKANAHALLI VILLAGE
KASABA HOBLI
CHIKKABALLAPURA TALUK - 562101.
11. SMT. BHARATHI
AGED ABOUT 41 YEARS
D/O LATE KEMPA REDDY
R/AT. NADIPINAGANAHALLI VILLAGE
SIDLAGHATTA TALUK - 562105.
12. SMT. MUNIYAMMA
AGED ABOUT 73 YEARS
W/O KYATHAPPA
R/AT. GOVALAKANAHALLI VILLAGE,
AVALAGURKI POST, KASBA HOBLI
CHIKKABALLAPURA TALUK - 562101.
13. SMT. S. PRAMEELAMMA
AGED ABOUT 73 YEARS
W/O LATE C.M. KRISHNAPPA,
R/AT HUNEGAL VILLAGE, KASBA HOBLI
CHIKKABALLAPURA TALUK - 562 101.
14. SMT. HELAN SUNDAR, ADULT
W/O SRIDHAR SINGH
R/AT NO.376
ANANDAGIARI EXTENSION, HEBBAL
BANGALORE - 560024.
15. SRI. C. NARAYANA SWAMY
AGED ABOUT 64 YEARS
S/O CHINNAPPA
R/AT VAPSANDRA
CHICKBALLAPURA TOWN
CHICKBALLAPURA TALUK - 562101.
16. SRI. G.N. SRINIVAS
AGED ABOUT 68 YEARS
S/O LATE NANJUNDAPPA
R/AT VAPASANDRA
CHIKKABALLAPURA TOWN
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CHIKKABALLAPURA TALUK - 562101.
17. SRI. B.V. KRISHNA
AGED ABOUT 49 YEARS
S/O LATE B.S. VENKATARATHNAM
R/AT BHAGYALAKSHMI TRADERS
B.B.ROAD, CHIKKABALLAPURA TALUK - 562101.
18. SMT. ESHWARAMMA
AGED ABOUT 73 YEARS
W/IO LATE B.V. LAKSHMINARAYANAPPA.
19. MR. KESHAV KUMAR
AGED ABOUT 58 YEARS
S/O LATE B.V. LAKSHMINARAYANAPPA.
20. MR. VIJAYKUMAR
AGED ABOUT 62 YEARS
S/O LATE B.V. LAKSHMINARAYANAPPA.
RESPONDENT NOS.18 TO 21
ARE R/AT WARD NO.1
VAPASANDRA, CHIKKABALLAPURA TOWN
CHIKKABALLAPURA TALUK - 562101.
21. SRI. CHIKKA SONNAPPA
AGED ABOUT 83 YEARS
S/O LATE THAMMANNA,
R/AT HUNEGAL VILLAGE, KASABA HOBLI
CHIKKABALLAPURA TALUK - 562101.
22. SRI. Y.M. MANJUNATH
AGED ABOUT 58 YEARS
S/O Y. MUNIYAPPA
R/AT HUNEGAL VILLAGE, KASABA HOBLI
CHIKKABALLAPURA TALUK - 562101.
23. SMT. PADMAMMA
AGED ABOUT 53 YEARS
W/O BYRAPPA
D/O C.H. VENKATARAYAPPA
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R/AT. SEETHAPPANAHALLI VILLAGE
GUDIBANDE TALUK - 561209.
24. SMT. VENKATALAKSHMAMMA
AGED ABOUT 48 YEARS
W/O CHANNAKESHAVAPPA,
R/AT GOLLU VILLAGE, KASABA HOBLI
CHIKKABALLAPURA TALUK
CHIKKABALLAPURA DISTRICT - 562109.
25. SMT. MUNIYAMMA
W/O ASWATHAPPA
D/O DODDASONNAMMA
AGED ABOUT 87 YEARS
R/AT AJAWARA VILLAGE
PATRENHALLI POST, NANDI HOBLI
CHIKKABALLAPURA TALUK
CHIKKABALLAPURA DIST - 562101.
26. SMT. SAROJAMM
AGED ABOUT 70 YEARS
W/O LATE MUNNIREDDY
R/AT AJAWARA VILLAGE
PATRENAHALLI POST, NANDI POST
CHICKABALLAPURA TALUK - 562101.
27. LAKSHMAMMA
AGED ABOUT 77 YEARS
D/O MUNIVENKATAPPA
R/AT MUTHUR VILLAGE, MELUR POST
SIDLAGHATTA TALUK
CHIKKABALLAPUR DIST - 562105.
28. SRI. RAJANNA
AGED ABOUT 73 YEARS
S/O CHIKKAPILLAPPA
R/AT GUVVALAKALAHALI VILLAGE
KASABA HOBLI, CHIKKABALLAPURA TALUK
CHIKKABALLAPURA DISTRICT - 562101.
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29. SMT. BYRAMMA, ADULT
W/O LATE VENKATESHAPPA
R/AT GUVVALAKALAHALLI VILLAGE
KASABA HOBLI, CHICKBALLAPURA TALUK
CHICKBBALLAPURA DISTRICT - 562101.
30. SMT. NARAYANAMMA
D/O CHIKKAPILLAPPA
AGED ABOUT 78 YEARS
R/AT SOPPHALLI GRAMA
AVALAGURKI POST
CHICKBALLAPUR TOWN
CHICKBALLAPURA DISTRICT - 562101.
...RESPONDENTS
(BY SMT. JAYANTHI R, ADV., FOR R2
SRI. VINAY KUMAR N.D. ADV., FOR R7
R1, R3 & R4 ARE SERVED AND UNREPRESENTED
V/O/DTD:28.02.2024 NOTICE TO R5 TO R30 IS D/W)
*******
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR
DIRECTION OR ORDER QUASHING THE IMPUGNED ORDER
DATED 25/01/2024 PASSED BY THE COURT OF PRL. SENIOR
CIVIL JUDGE AND CJM, CHICKBALLAPURA IN OS NO.26/2009
DISMISSING IA NO.56 FILED UNDER ORDER 9 RULE 7 C.P.C.
VIDE ANNEXURE-C AND CONSEQUENTLY ALLOW IA NO.56
FILED UNDER ORDER 9 RULE 7 C.P.C FILED BY THE
PETITIONER VIDE ANNEXURE-B & ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
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NC: 2026:KHC:3476
W.P. No.4305/2024
HC-KAR
ORAL ORDER
This writ petition is filed seeking the following reliefs:
"Issue a writ of certiorari or any other appropriate writ or direction or order quashing the impugned order dated 25/01/2024 passed by the court of Prl. Senior Civil Judge and CJM, Chickballapura in OS No.26/2009 dismissing IA No.56 filed under Order 9 Rule 7 C.P.C. vide Annexure-C and consequently allow IA No.56 filed under Order 9 Rule 7 C.P.C filed by the petitioner vide Annexure-B".
2. The learned counsel for the petitioner submits that the petitioner is the defendant No.2 in O.S.No.26/2009 filed by the respondent Nos.1 to 4 for partition and separate possession. It is submitted that in the said suit, the petitioner-defendant No.2 was placed ex parte and the matter was proceeded. Thereafter, he has filed an application under Order IX Rule 7 read with Section 151 of the Code of Civil Procedure, 1908, seeking to recall the ex parte order and permit him to contest the proceedings. However, the same was rejected erroneously. It is further submitted that the defendant Nos.4 and 22 also were placed ex parte and their -8- NC: 2026:KHC:3476 W.P. No.4305/2024 HC-KAR application was favourably considered by the Trial Court. However, the Trial Court rejected the application of the petitioner on the ground of delay. It is also submitted that the right to defend in the suit is a substantive right of the petitioner and he has a proper defence in the suit to be placed and in the absence of placing such defence, the right of the petitioner would be affected and prejudice would be caused to him. Hence, he seeks to allow the petition.
3. Though the notice on the other side is served, there is no representation.
4. I have heard the arguments of the learned counsel for the petitioner and meticulously perused the material available record.
5. It is to be noticed that the respondent Nos.1 to 4 filed a suit in O.S.No.26/2009 for the relief of partition and separate possession. The petitioner is the defendant No.2 in the said suit. Admittedly, the notice on the -9- NC: 2026:KHC:3476 W.P. No.4305/2024 HC-KAR petitioner was served and he remained absent. The matter was proceeded further and thereafter, on 16.01.2024, the petitioner filed an application under Order IX Rule 7 read with Section 151 of the CPC seeking to set aside the ex parte order passed against him and to permit him to file vakalath and contest the suit. The affidavit accompanying the said application indicates that due to personal inconvenience and unavoidable circumstances, the petitioner could not contest the proceedings. The Trial Court, without appreciating the same, under the impugned order, rejected the said application on the ground that the suit is of the year 2009 and the application is filed belatedly when the matter was posted for arguments.
6. It is to be noticed that the Trial Court in paragraph 6 has made reference with regard to filing of applications by the defendant Nos.4 and 22 under Order IX Rule 7 read with Section 151 of the CPC, seeking to set aside the ex parte order. The said applications came to be allowed and the said defendants were permitted to file the
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NC: 2026:KHC:3476 W.P. No.4305/2024 HC-KAR written statement and permitted to contest the proceedings. Taking note of the said finding of the Trial Court, I am of the considered view that the interest of justice would be met if the petitioner is provided one opportunity to contest the suit by filing the written statement.
7. In view of the aforesaid reasoning, I proceed to pass the following:
ORDER
(i) The writ petition is allowed.
(ii) The impugned order dated 25.01.2024 passed on an application filed by the petitioner-
defendant No.2 under Order IX Rule 7 read with Section 151 of the CPC in O.S.No.26/2009 on the file of the Principal Senior Civil Judge and CJM, Chickballapura, is set aside.
(iii) Two weeks' time is granted to the defendant No.2 from today, to file the written statement, failing which, no further time would be
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NC: 2026:KHC:3476 W.P. No.4305/2024 HC-KAR granted. Thereafter, the Trial Court shall regulate its proceedings and dispose of the suit in accordance with law.
No order as to costs.
Sd/-
(VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 38