IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE B.VEERAPPA WRIT PETITION NO.25351/2018 (GM-CPC) Between:
Sri Dalichandji Doshi, S/o. late Roopchand Doshi, Aged about 86 years, Residing at No.31, Yamuna Bai Road, Narayana Reddy Building, 2nd Floor, Madhavanagar, Bengaluru – 560 001.
Presently Residing at:
No.10, Jala Jyothi Apartment, Nehru Nagar Main Road, Seshadripuram, Bengaluru – 560 020.
(By Sri Suresh S. Lokre, Adv.) And:
1. Sri Manoj Kumar, S/o. Sri R.R. Dalichand Jain, Aged about 49 years, R/at No.955, 65th Cross, 18th Main Road, Rajajinagar, 5th Block, Bengaluru – 560 010.
2. Sri Surendra Kumar, (Since dead by LR’s) … Petitioner 2(a) Smt. Kanchan Devi, Aged about 71 years, W/o. late Surendra Kumar, 2(b) Mitesh, Aged about 42 years, S/o. Surendra Kumar, 2(c) Smt. Vinita, Aged about 43 years, D/o. late Surendra Kumar, 2(d) Smt. Shwetha, Aged about 40 years, D/o. late Surendra Kumar, All residing at:
No.76/2, 3rd Floor, Ranga Rao Road, Shankarapuram, Bengaluru – 560 004.
3. Sri Kamal Chand, S/o. Sri R.R. Dalichand Jain, Aged about 53 years, R/at No.45, 1st Floor, B.V.K. Iyengar Cross Road, Killari Road, Bengaluru – 560 053.
4. Sri Vimal Chand, S/o. Sri R.R. Dalichand Jain, Aged about 53 years, R/at No.31, Yamuna, Bai Road, Narayana Reddy Building, 2nd Floor, Madavanagar, Bengaluru – 560 001.
5. Smt. Vimala Devi, D/o. R.R. Sri Dalichand Jain, & W/o. Parasmal, Aged about 63 years, Doing business at Vardhaman Jewellary, Main Bazar, Kadki, Pune, Maharastra – 411 003.
6. Smt. Mean Devi, D/o. R.R. Sri Dalichand Jain, & W/o. Manik Chand, Aged about 61 years, Doing business Mank Jewellers, Station Road, Thane, Maharastra – 400 601.
7. Smt. Saroja Devi, D/o. R.R. Sri Dalichand Jain, & W/o. Inder Chand, Aged about 52 years, Doing business at Inder Jewellers, No.137/A, North Raja Street, Kanchipuram, Tamilnadu – 631 502.
... Respondents (By Sri M.D. Raghunath, Adv. for R-1 R5, R6 & R7 are served but unrepresented Notice to R2(a) to R2(d), R3 and R4 is dispensed with V/o. dated 04.04.2019) *** This Writ Petition is filed under Article 227 of the Constitution of India praying to set aside the impugned order passed at Annexure-A dated 04.06.2018 in O.S.No.25727/2010 by the 57th Addl. City Civil and Sessions Judge, Mayo Hall at Bengaluru (CCH – 58).
This Writ Petition coming on for Orders this day, the court made the following:
ORDER Defendant No.1 filed the present writ petition for writ of certiorari to quash the order dated 04.06.2018 made in O.S.No.25727/2010 on the file of LVII Addl. City Civil and Sessions Judge, Mayohall, Bengaluru rejecting the application filed by defendant No.1 under Section 151 of Code of Civil Procedure who intends to file an independent and additional written statement.
2. When the matter came up before this Court on 27.03.2019, learned counsel for respondent No.1 submitted that defendant No.1 already filed written statement along with others on 18.12.2013. He wants to clarify that application for filing additional written statement is impermissible in law.
3. Today learned counsel for the petitioner fairly submits that I.A. filed by defendant No.1 seeking for permission to file an independent and additional written statement may be dismissed with liberty to the petitioner to file necessary application for amendment of written statement in accordance with law.
Submission is placed on record.
In view of the above, the writ petition is disposed of. Application filed by defendant No.1 seeking for permission to file an independent and additional written statement is dismissed as not pressed with liberty to the petitioner to file necessary application for amendment of written statement if any in accordance with law.
Sd/- JUDGE PN/-