B S Parashurama Rao vs Meenakshi P Rao on 16 March, 2026

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    Karnataka High Court

    B S Parashurama Rao vs Meenakshi P Rao on 16 March, 2026

    Author: H.T. Narendra Prasad

    Bench: H.T. Narendra Prasad

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                                                                NC: 2026:KHC:15516
                                                              WP No. 24864 of 2024
    
    
                          HC-KAR
    
    
    
    
                               IN THE HIGH COURT OF KARNATAKA AT BENGALURU
    
                                   DATED THIS THE 16TH DAY OF MARCH, 2026
    
                                                   BEFORE
                               THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
                                 WRIT PETITION NO. 24864 OF 2024 (GM-CPC)
                          BETWEEN:
    
                          1.    B. S. PARASHURAMA RAO
                                AGED ABOUT 84 YEARS
                                S/O LATE BHARMOJI RAO
                                NO.12/7, LALBAGH ROAD
                                SHAMRAO COMPOUND
                                BENGALURU-560 027.
    
                          2.    DEEPAK P. SULAKHE
                                AGED ABOUT 55 YEARS
                                S/O B. S. PARASHURAMA RAO
                                RESIDING AT NO.5033
                                BROOKVIEW DR, DALLAS,
                                TEXAS, UNITED STATES-75220.
                                                                  ...PETITIONERS
                          (BY SRI. MAHESH ARKALGUD SRIKANTH., ADVOCATE)
    Digitally signed by   AND:
    DHANALAKSHMI
    MURTHY
    Location: HIGH        1.    MEENAKSHI P. RAO
    COURTOF                     AGED ABOUT 61 YEARS
    KARNATAKA
                                W/O V. R. SHAMSUNDAR
                                NO.12/7, 3RD FLOOR
                                LALBAGH ROAD
                                SHAMRAO COMPOUND
                                BENGALURU-560 027.
    
                          2.    SMT. SULOCHANA BAI
                                AGED ABOUT 90 YEARS
                                W/O LATE B. S. NARAYANA RAO
                                R/AT NO.12/7, LALBAGH ROAD
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                                         WP No. 24864 of 2024
    
    
    HC-KAR
    
    
    
    
         SHAMRAO COMPOUND
         BENGALURU-560 027.
    
    3.   SMT. SATHYA PREMA
         AGED ABOUT 69 YEARS
         D/O B. S. NARAYANA RAO
         R/AT NO.12/7, LALBAGH ROAD
         SHAMRAO COMPOUND
         BENGALURU-560 027.
    
    4.   SMT. GAYATHRI PATHANGE
         AGED ABOUT 65 YEARS
         D/O LATE B. S. NARAYANA RAO
         R/AT NO.T-2, 3RD FLOOR
         LOHAN'S REGENT
         SUNDARAM MURTHY ROAD
         COX TOWN, BENGALURU-560 005.
    
    5.   SMT. PUSHPALATHA GUJJAR
         AGED ABOUT 63 YEARS
         W/O SRI. RAVINDRA GUJJAR
         R/AT NO.12/7, LALBAGH ROAD
         SHAMRAO COMPOUND
         BENGALURU-560 027.
    
    6.   SMT. YASHODHA BAI
         AGED ABOUT 60 YEARS
         W/O LATE P. S. DAYANAND
         R/AT NO.12/7, LALBAGH ROAD
         SHAMRAO COMPOUND
         BENGALURU-560 027.
    
    7.   BHAVANI D. SULAKHE
         AGED ABOUT 28 YEARS
         D/O LATE P. S. DAYANAND
         R/AT NO.12/7, LALBAGH ROAD
         SHAMRAO COMPOUND
         BENGALURU-560 027.
    
    8.   M/S K. H. SHAMA RAO AND SONS
         A REGISTERED PARTNERSHIP FIRM
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                                         WP No. 24864 of 2024
    
    
    HC-KAR
    
    
    
    
         HAVING ITS OFFICE AT NO.12
         LALBAGH ROAD
         SHAMRAO COMPOUND
         BENGALURU-560 027
         REPRESENTED BY ITS
         COMMITTEE OF MANAGEMENT.
    
    9.  THE BANGALORE DRESS MANUFACTURING
        COMPANY PRIVATE LIMITED
        A COMPANY REGISTERED UNDER
        THE COMPANIES ACT
        HAVING ITS REGISTERED OFFICE
        AT NO.12, LALBAGH ROAD
        BENGALURU-560 027
        REPRESENTED BY ITS
        AUTHORISED REPRESENTATIVE.
                                             ...RESPONDENTS
    (BY SRI. RAJENDRA S., ADVOCATE FOR R1;
        R2 TO R9 -SERVICE OF NOTICE IS DISPENSED WITH
        V/O DATED 21.10.2024)
    
         THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
    THE CONSTITUTION OF INDIA      PRAYING TO QUASH THE
    IMPUGNED ORDER DTD. 04.04.2024 (ANNEXURE-E) PASSED
    ON I.A.NOs.56 AND 57 BY THE HON'BLE XII ADDL. CITY CIVIL
    AND SESSIONS JUDGE (CCH-27) AT BENGALURU IN O.S.NO.
    8355/2017 BY ISSUING A WRIT OF CERTIORARI OR ANY
    OTHER ORDER OR WRIT.
    
        THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
    ORDER WAS MADE THEREIN AS UNDER:
    CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
    
                          ORAL ORDER

    This writ petition is filed by defendant Nos.1 and 2

    under Article 227 of the Constitution of India, challenging

    SPONSORED

    the order dated 04.04.2024 passed on IA Nos.56 and 57
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    filed under Section 151 of the Code of Civil Procedure and

    Section 5 of the Limitation Act, seeking to recall the order

    dated 18.05.2019, permission to file the written

    statement, and condonation of delay in filing the written

    statement, dismissing the said applications.

    2. Learned counsel appearing for the respondent

    No.1/plaintiff has contended that the defendants are in

    joint possession of the property, and defendant Nos. 1 and

    2 are enjoying the income from the firm and company.

    Therefore, they just want to drag the matter. He further

    contended that in the application for condonation of delay

    of five and a half years, no reason has been provided.

    Hence, the trial court has rightly rejected the application.

    3. The respondent No.1/plaintiff filed a suit in O.S.

    No.8355/2017 for partition and separate possession. The

    suit was filed in the year 2017. After service of summons,

    defendant Nos. 1 and 2 did not file any written statement.

    The written statement on behalf of defendant Nos. 1 and 2
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    was taken as nil on 29.05.2018 and 18.06.2018,

    respectively. Thereafter, the issues were framed, and the

    parties’ evidence was recorded. Defendant Nos. 1 and 2

    did not cross-examine the respondent No.1/plaintiff. After

    a lapse of 5 years, they have filed this application for

    condonation of delay. Even in that application, no reason

    has been provided.

    4. In the interest of justice, to give one more

    opportunity, I am of the opinion that, by fixing a time limit

    and imposing a cost, the application may be allowed.

    5. Accordingly, the following order:

    (i) The writ petition is allowed.

    (ii) The impugned order dated 04.04.2024
    passed on IA Nos. 56 and 57 in O.S. No.
    8355/2017 by the XII Additional City Civil and
    Sessions Judge, Bengaluru, is quashed, subject
    to the condition that the petitioners/defendant
    Nos. 1 and 2 shall pay Rs. 25,00,000/- (rupees
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    twenty-five lakhs only) to respondent No.
    1/plaintiff by the next date of hearing.

    (iii) It is made clear that petitioner No.
    2/defendant No.2 shall be permitted to examine
    any witness and cross-examine the plaintiff on
    the date to be fixed by the trial court, without
    seeking any adjournment. If he seeks any
    adjournment, the order passed by the trial
    court on 04.04.2024 will be confirmed.

    (iv) The petitioner No.2 shall complete the
    cross-examination of PW1 by the end of April
    2026.

    (v) The parties are directed to appear before
    the trial court without any further notice on
    26.03.2026.

    (vi) The trial court is directed to dispose of the
    suit by the end of December 2026.

    Sd/-

    (H.T. NARENDRA PRASAD)
    JUDGE

    CM
    List No.: 1 Sl No.: 144



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