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.51708/2017 (GM-CPC) BETWEEN:
1. SRI.G.ASHWATH KUMAR S/O.SRI.GOPALAIAH & SMT.S.Y.JAYAMMA AGED ABOUT 58 YEARS NO.755, 6TH BLOCK, 6TH CROSS RAJKUMAR ROAD, RAJAJINAGAR BANGALORE-560 010 2. SMT.G.BHAGYA D/O.SRI.GOPALAIAH & SMT.S.Y.JAYAMMA W/O.SRI.M.N.REDDY AGED ABOUT 53 YEARS NO.45, 3RD ‘B’ MAIN, 4TH ‘A’ CROSS HRBR LAYOUT, 3RD BLOCK KALYANANAGAR, BANGALORE-560 043 3. SMT.G.PADMA D/O.SRI.GOPALAIAH & SMT.S.Y.JAYAMMA W/O.G.A.CHANDRASHEKAR AGED ABOUT 50 YEARS NO.611, PRASHANTHNAGAR DEVANAHALLI TOWN BANGALORE RURAL DISTRICT 4. SMT.G.CHANDRAKALA D/O.SRI.GOPALAIAH & SMT.S.Y.JAYAMMA W/O.P.C.GOPALA REDDY AGED ABOUT 43 YEARS NO.192, NHIG-4 ‘B’ BLOCK 5TH PHASE, YALAHANKA NEW TOWN BANGALORE-560 104 …PETITIONERS (BY SRI G.R.LAKSHMIPATHY REDDY, ADVOCATE) AND:
1. SOWBHAGYA W/O LATE RAMAKRISHNA REDDY AGED ABOUT 71 YEARS R/O.SHIVAKRUPA BLDG, 8TH CROSS BEHIND COLLEGE, HOSKOTE 2. CHANDRASHEKARA S/O LATE NARATANA REDDY AGED ABOUT 60 YEARS RESIDENT OF G.243 OLD TOWNSHIP 2ND CROSS VIMANAPURA POST, BANGALORE 3. MADHUSUDHANA REDDY S/O LATE NARAYANA REDDY AGED ABOUT 50 YEARS RESIDENT OF G.243 OLD TOWNSHIP 2ND CROSS VIMANAPURA POST BANGALORE 4. N.SRIMATHI D/O NARAYANAREDDY W/O.J.DASHARATHAN AGED ABOUT 67 YEARS RESIDING AT NO.32/12 PERRIYARSTREET, OLD ESI ROAD RAMPURAM, AMBATTUR CHENNAI-53 5. N.PUSHPA D/O.NARAYANAREDDY AGED ABOUT 63 YEARS RESIDING AT NO.955 “C” BLOCK, 3RD MAIN AECS LAYOUT, KUNDALAHALLI BANGALORE-37 6. N.VAIDEHI D/O.NARAYANAREDDY C/O.KRISHNA REDDY BUILDING AGED ABOUT 57 YEARS NO. 42, 3RD MAIN, 4TH CROSS N.S.PALYA, BANNERGHATTA ROAD BANGALORE-76 7. SRI.YELLAPPAREDDY S/O LATE S Y JAYARAMAREDDY AGED ABOUT 47 YEARS RESIDENT OF BALAGERE VILLAGE VARTHUR HOBLI, BANGALORE-560 087 8. SMT.KOUSALYA W/O LATE S R GOPALAREDDY AGED ABOUT 58 YEARS RESIDENT OF BALAGERE VILLAGE VARTHUR HOBLI, BANGALORE-87 9. SMT.ANKAMMA W/O LATE S Y JAYARAMA REDDY AGED ABOUT 73 YEARS RESIDENT OF BALAGERE VILLAGE VARTHUR HOBLI, BANGALORE-87 10. SUNADAMMA W/O LATE SRINIVASAREDDY AGED ABOUT 67 YEARS RESIDENT OF BALAGERE VILLAGE VARTHUR HOBLI, BANGALORE-87 11. RATHNAKAR S/O LATE S Y JAYARAMA REDDY AGED ABOUT 51 YEARS RESIDENT OF BALAGERE VILLAGE VARTHUR HOBLI, BANGALORE-87 12. J.MANJUNATHA S/O LATE S Y JAYARAMAREDDY AGED ABOUT 45 YEARS RESIDENT OF BALAGERE VILLAGE VARTHUR HOBLI, BANGALORE-87 13. SHAKUNTHALA D/O LATE S Y JAYARAMA REDDY AGED ABOUT 49 YEARS RESIDENT OF BALAGERE VILLAGE VARTHUR HOBLI, BANGALORE-87 14. SAROJAMMA W/O LATE VENUGOPALAREDDY AGED ABOUT 49 YEARS RESIDENT OF BALAGERE VILLAGE VARTHUR HOBLI, BANGALORE-87 15. JAGADISH REDDY S/O LATE VENUGOPALAREDDY AGED ABOUT 68 YEARS RESIDENT OF BALAGERE VILLAGE VARTHUR HOBLI, BANGALORE-87 16. SANJEEVAMMA W/O LATE S Y RAMACHANDRAREDDY AGED ABOUT 78 YEARS RESIDENT OF BALAGERE VILLAGE VARTHUR HOBLI, BANGALORE-87 17. S.R.RAJU S/O LATE S Y RAMACHANDRAREDDY AGED ABOUT 53 YEARS RESIDENT OF BALAGERE VILLAGE VARTHUR HOBLI, BANGALORE-87 18. MEENA W/O.S.R.RAJU RESIDENT OF BALAGERE VILLAGE VARTHUR HOBLI, BANGALORE-87 19. SMT.SHOBHA W/O LATE S K VENKATESHREDDY AGED ABOUT 53 YEARS RESIDENT OF CHINNAPPANAHALLI MARATHAHALLI POST, BANGALORE-37 20. S.K.SHANKARREDDY S/O LATE S Y KRISHNA REDDY AGED ABOUT 53 YEARS RESIDENT OF CHINNAPPANAHALLI MARATHAHALLI POST, BANGALORE-37 21. VENUGOPALAREDDY S/O LATE CHANDRAMMA AGED ABOUT 65 YEARS RESIDING AT NO.53 36TH MAIN, 4TH CROSS BTM LAYOUT, BANGALORE-68 22. SMT.SAVITHRI D/O LATE CHANDRAMMA AGED ABOUT 63 YEARS RESIDING AT NO.53 36TH MAIN, 4TH CROSS BTM LAYOUT, BANGALORE-68 23. RAJASHEKARREDDY D/O LATE CHANDRAMMA AGED ABOUT 58 YEARS RESIDING AT NO.53 36TH MAIN, 4TH CROSS BTM LAYOUT, BANGALORE-68 24. INDUMATHI D/O LATE CHANDRAMMA AGED ABOUT 50 YEARS RESIDING AT NO.53 36TH MAIN, 4TH CROSS BTM LAYOUT, BANGALORE-68 25. LAKSHMAMMA D/O KAMALAMMA AGED ABOUT 53 YEARS RESIDENT OF NESANNUR VILLAGE ANEKAL TALUK, BANGALORE DISTRICT 26. PRAMEELA D/O KAMALAMMA AGED ABOUT 49 YEARS RESIDENT OF NESANNUR VILLAGE ANEKAL TALUK, BANGALORE DISTRICT 27. SRI.JAYASHANKAR FATHER’S NAME NOT KNOWN AGED ABOUT 73 YEARS RESIDING AT NO.205 HOUSE OF LORDS, ST.MARK’S ROAD BANGALORE-01 28. SRI.KARNEESH FATHER NAME NOT KNOWN AGED ABOUT 58 YEARS RESIDING AT NO.205 HOUSE OF LORDS, ST.MARK’S ROAD BANGALORE-1 29. SMT.ANUSUYAMMA D/O LATE S YELLAPPA REDDY W/O LATE H G NARAYANA REDDY AGED ABOUT 92 YEARS D.HOSAHALLI VILLAGE DEVANAGONDI POST HOSKOTE TALUK BANGALORE RURAL DISTRICT 30. SRI.RAVISHANKAR S/O LATE S R GOPALAKRISHNA REDDY AGED ABOUT 36 YEARS RESIDING AT MADDURAMMA DINNE VARTHUR POST BANGALORE SOUTH TALUK 31. SRI.PRASHANTH S/O LATE S R GOPALAKRISHNA REDDY AGED ABOUT 34 YEARS RESIDING AT MADDURAMMA DINNE VARTHUR POST BANGALORE SOUTH TALUK 32. SRI.KIRAN S/O LATE S R GOPALAKRISHNA REDDY AGED ABOUT 32 YEARS RESIDING AT MADDURAMMA DINNE VARTHUR POST BANGALORE SOUTH TALUK 33. SRI.CHETAN S/O LATE S R GOPALAKRISHNA REDDY AGED ABOUT 30 YEARS RESIDING AT MADDURAMMA DINNE VARTHUR POST BANGALORE SOUTH TALUK 34. SMT.SAROJAMMA D/O LATE S Y RAMACHANDRA REDDY W/O.B.S.KRISHNA REDDY AGED ABOUT 55 YEARS RESIDENT OF BALAGERE VILLAGE VARTHUR HOBLI BANGALORE SOUTH TALUK 35. SMT.MEENAKSHAMMA D/O LATE S Y RAMACHANDRA REDDY W/O.B.YALLAPPA REDDY AGED ABOUT 53 YEARS RESIDENT OF BALAGERE VILLAGE VARTHUR HOBLI BANGALORE SOUTH TALUK 36. SMT.RADHAMMA S/O LATE S Y RAMACHANDRA REDDY W/O.LAKSHMAIAH REDDY AGED ABOUT 50 YEARS RESIDENT OF BALAGERE VILLAGE VARTHUR HOBLI BANGALORE SOUTH TALUK 37. SMT.SHARADA D/O LATE S Y KRISHNA REDDY W/O.SRI.VENUGOPALA REDDY AGED ABOUT 64 YEARS R/O BALAGERE VILLAGE VARTHUR HOBLI BANGALORE SOUTH TALUK 38. SMT.S.K.SATYAVATHI D/O LATE S Y KRISHNA REDDY W/O.V.V.REDDY AGED ABOUT 59 YEARS NO.824, 2ND MAIN, UDAYANAGAR BANGALORE-560 016 39. SMT.SUDHA D/O.VENUGOPALA REDDY W/O.SRI.JAYAPPA REDDY AGED ABOUT 48 YEARS BALAGERE VILLAGE VARTHUR HOBLI BANGALORE SOUTH TALUK 40. SMT.NALINI D/O.VENUGOPALA REDDY W/O.SRI.RAJASHEKARA REDDY AGED ABOUT 44 YEARS R/O NO.947, 25TH CROSS SECTOR II, NEAR CAMBRIDGE SCHOOL H.S.R. LAYOUT, BANGALORE 41. SRI.T.SURESH S/O.CHANDRAMMA & S/O LATE THIMMA REDDY AGED ABOUT 60 YEARS D.HOSAHALLI VILLAGE DEVANAGONDI POST HOSKOTE TALUK BANGALORE RURAL DISTRICT .. RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE CONCERNED RECORDS AND QUASH THE ORDER DTD.23.10.2017 PASSED BY THE COURT PRINCIPAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU ON I.A.NO.10 IN O.S.NO.1441/2004 VIDE ANNEX-E AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners are calling in question the order dated 23.10.2017 passed on I.A.No.10 in O.S.No.1441/2004, on the file of the Principal Senior Civil Judge, Bengaluru Rural District, Bengaluru, rejecting the application filed under Section 151 of CPC seeking permission to file written statement.
2. The petitioners are defendants No.24 to 27 in the Court below. They were impleaded as party- defendants by an order dated 12.08.2016. They have filed the instant application under Section 151 of CPC, seeking permission to file their written statement after lapse of more than one year on the ground that they had no legal knowledge to file the application in time. The learned trial Judge, by a considered order, has not accepted the reasons and rejected the application by recording a finding that one of the defendants-
applicants is a Bank Manager and he was well versed in legal proceedings. Further, the suit is of the year 2004 and set down for recording evidence.
3. Keeping in view the date of institution of suit and conduct of the petitioners, no exception can be taken to the order impugned in this writ petition. Resultantly, the writ petition fails and is accordingly dismissed. No costs.
Petition dismissed.
Sd/- JUDGE Yn.