IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION No.49666/2017 (GM-CPC) BETWEEN:
N.NARASIMHAMURTHY S/O LATE NARASIMAIAH AGED ABOUT 46 YEARS RESIDING AT 9TH CROSS 1ST MAIN, S.S.PURAM TUMKUR, PIN-571 013 …PETITIONER (BY SHRI K.LAKSHMIKANTH, ADVOCATE) AND:
1. SRI.N.NATARAJA S/O LATE NARASHIMMAIAH AGED ABOUT 42 YEARS RESIDING AT NO.1/15 YASHASH NILAYA, 6TH CROSS MAIN ROAD, MYSORE ROAD BYTARAYANAPURA BANGALORE-26 2. GARUDA RANGAMMA W/O LATE NARASHIMMAIAH AGED ABOUT 74 YEARS RESIDING AT 4TH CROSS GANGOTRINAGARA BEHIND MUSLIM HOSTEL SIT EXTENSION, TUMKUR, PIN-572 141 3. N.LAKSHMINARASHIMMAIAH S/O LATE NARASHIMMAIAH AGED ABOUT 59 YEARS RESIDING AT JAYALAKSHMI NILAYA 8TH CROSS, GANGOTRINAGARA NEAR GANGADHARA MESS SIT EXTENSION, TUMKUR PIN-572 141 4. N.RAJANNA S/O LATE NARASHIMMAIAH AGED ABOUT 56 YEARS POLICE CONSTABLE RESIDING AT NO.2, B BLOCK NEW BUILDING, POLICE QUARTERS BEHIND S.P.OFFICE, B.H.ROAD TUMKUR, PIN-572 141 5. N.LAKSHMINARAYANA S/O LATE NARASHIMMAIAH AGED ABOUT 44 YEARS POLICE CONSTABLE RESIDING AT POLICE QUARTERS BEHIND TALUK OFFICE TIPATUR, PIN-572 121 6. SMT.JAYAMMA D/O LATE NARASHIMMAIAH W/O.HANUMANTHAIAH AGED ABOUT 55 YEARS RESIDING AT 7TH CROSS GANGOTRINAGARA NEAR GANGADHARA MESS SIT EXTENSION TUMKUR, PIN-572 141 7. SMT.GOWRAMMA @ MANGALA GOWRAMMA D/O LATE NARASHIMMAIAH W/O.HULLURAIAH AGED ABOUT 53 YEARS RESIDING AT 4TH CROSS GANGOTRINAGARA NEAR GANGADHARA MESS SIT EXTENSION TUMKUR, PIN-572 141 ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 13.10.2017 PASSED ON THE APPLICATIONS FILED UNDER SEC. 151 OF CPC AND ORDER 18 RULE 17 OF CPC BY THE PETITIONER IN O.S.563/2006 BY THE 2ND ADDL. CIVIL JUDGE JR. DVN., AND JMFC, TUMKUR, VIDE ANNEX-E.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard Sri K.Lakshmikanth, learned Counsel for the petitioner.
2. Petitioner is defendant No.4 before the trial Court. The suit is of the year 2006. Initially he was placed ex parte. By an order dated 25.10.2007, he was permitted to file written statement. After lapse of eleven years from the date of institution of the suit, he filed an application under Order 18 Rule 7 and Section 151 of CPC to reopen the case and permit him to lead his evidence. The said application was rejected. After changing his advocate, the petitioner has again filed the instant application seeking the very same relief.
3. The learned trial Judge has recorded that the petitioner has filed a subsequent self same application though his earlier application for identical relief was dismissed.
4. Admittedly, from the date of institution of suit, eleven years have elapsed. To a query posed by this Court as to the stage of the suit, learned Counsel for the petitioner submitted that the suit now is set down for arguments. In the circumstances, no exception can be taken to the order impugned in this writ petition.
5. Resultantly, this writ petition fails and is accordingly dismissed. No costs.
Sd/- JUDGE Yn.