IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2017 B E F O R E THE HON’BLE MR. JUSTICE A.N. VENUGOPALA GOWDA CIVIL REVISION PETITION NO.61/2017 BETWEEN:
Mr. ABDUL RAHEEM DEAD BY HIS LRs.
1. RAFIYA BEGUM WIFE OF ABDUL RAHEEM AGED ABOUT 52 YEARS, 2. NAYAZ AHAMED S/O. ABDUL RAHEEM AGED ABOUT 36 YEARS 3. HABIB UNNISA D/O. ABDUL RAHEEM AGED ABOUT 35 YEARS 4. ASMA D/O. ABDUL RAHEEM AGED ABOUT 34 YEARS 5. UME SALMA D/O. ABDUL RAHEEM AGED ABOUT 33 YEARS 6. KHALID AHAMED S/O. ABDUL RAHEEM AGED ABOUT 30 YEARS ALL ARE RESIDING AT NO.5, NEW NO.17 4TH CROSS, SOMESHWARA NAGARA JAYANAGAR 1ST BLOCK BENGALURU- 560 011.
(BY SRI RAMESHCHANDRA, ADV.) AND:
1. Mr. MOHAMMED SIRAJUL HASSAN S/O. LATE A.H. KHAISER AGED ABOUT 54 YEARS 2. Mrs. SHAHEEN RAHMAN W/O. MOHAMMED SIRAJUL HASSAN AGED ABOUT 48 YEARS BOTH ARE RESIDING AT NO.574 30TH B CROSS, TILAK NAGAR JAYANAGAR BENGALURU - 560 041.
(BY SRI S.A.H. RAZVI, ADV.) ... PETITIONERS ... RESPONDENTS THIS PETITION IS FILED UNDER SECTION 18 OF SMALL CAUSES COURTS ACT AGAINST THE ORDER DATED 03.02.2017 PASSED ON IA IN S.C.NO.15418/2014 ON THE FILE OF THE XV ADDL. JUDGE, COURT OF SMALL CAUSES, MAYOHALL UNIT, BENGALURU (SCCH.19). DISMISSING THE APPLICATION FILED UNDER ORDER 9 RULE 7 OF CPC., TO SET ASIDE THE APPLICATION.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Respondents instituted S.C.No.15418/2014, in the Court of Small Causes, Mayohall Unit, Bengaluru, against the predecessor of the petitioners – Sri Abdul Raheem, to pass a decree of ejectment. Sole defendant having died, application to bring the LRs. on record was filed and was subsequently allowed. There being absence of the proposed LRs., they were placed exparte and the matter proceeded with. At the stage of examination of PW.1, an application under Order 9 Rule 7 CPC was filed, to set aside the order placing the LRs. of the deceased defendant exparte and permit them to contest the case by filing written statement. Said application having been dismissed by the reason of the order dated 03.02.2017 passed by the XV Additional Small Causes Judge, Bengaluru, this petition was filed.
2. Heard the learned advocates and perused the record.
3. It is unnecessary to decide the case on merit, as the learned advocate for the petitioners/LRs. of deceased defendant submitted that the written statement would be filed in the Trial Court on or before 04.03.2017 and cross-examination of PW.1 would be completed before 07.04.2017. It was further submitted that evidence of the LRs. of the deceased defendant would be adduced within a period of three months from the date the plaintiffs close their case. In view of the submission made, it is recorded, learned advocate for the respondents stated no objection to allow this petition.
Petition is allowed and the impugned order is set aside. Petitioners are permitted to file the written statement, if any, on or before 04.03.2017. In case of failure, the LRs. of deceased defendant would forfeit their right to file the written statement. The cross-examination of PW.1 shall be completed and the defendants’ evidence adduced in terms of the submission made by Sri Rameshchandra, learned advocate for the petitioners, within the aforesaid period.
No costs.
Consequently, I.A.No.1/2017 does not survive for consideration.
Sd/- JUDGE ca