IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N S SANJAY GOWDA WRIT PETITION NOS.37735-37736 OF 2014 (GM-CPC) BETWEEN :
Sri U. Ramappa S/o. Annappa Aged about 53 years Resident of Sunkadakatte village Honnali Taluk Davanagere District – 577 002. …..Petitioner (By Sri S. Vishwajith Shetty, Advocate) AND:
1. U.S. Ramachandrappa S/o. Sannahalappa Aged about 69 years Agriculturist Resident of Sunkadakatte Village Honnali Taluk Davanagere District – 577 002.
2. Parameswarappa S/o. Narasappa Aged about 63 years Agriculturist Resident of Sunkadakatte Village Honnali Taluk Davanagere District – 577 002.
3. Sri Ramappa S/o. Narasappa Aged about 54 years Agriculturist Resident of Sunkadakatte Village Honnali Taluk Davanagere District – 577 002.
4. Sri Kenchappa S/o. Shivappa Aged about 73 years Agriculturist Resident of Sunkadakatte Village Honnali Taluk Davanagere District – 577 002.
5. Sri Narasappa S/o. Shivappa Aged about 63 years Retired Drill Master R/o. Beruru Chikkamagalore Dist – 577 002. Respondents (Respondent Nos.1 to 3 served Notice to R5 d/w v/o dtd:07.06.2016 Notice to LRs of R4 d/w v/o dtd.05.03.2019) These writ petitions are filed under Articles 226 & 227 of the Constitution of India praying to quash Annexure-A order dated 04.06.2014 made on I.A.No.12 and 13 filed by the petitioner in O.S.No.41/2006 on the file of the Civil Judge (Jr.Dn) Honnali.
These writ petitions coming on for Preliminary hearing in ‘B’ Group this day, the court made the following:-
O R D E R The petitioner herein is 5th defendant who had made an application seeking permission to file written statement, which were dismissed on the ground that there were no sufficient reasons to condone the delay and that the case was more than 8 years old.
2. From the impugned order, it is clear that the plaintiff himself submitted that he had no objection to allow the two applications of the 5th defendant on payment of cost of Rs.10,000/-.
3. In my view, since the plaintiff did not have any objection for permitting 5th defendant to file objection, the impugned order passed by the trial Court cannot be sustained.
Writ petitions are allowed.
The impugned order passed by the Civil Judge (Jr.Dn), Honnali in OS No.41/2006 is set-aside. I.A.Nos.12 and 13 are allowed and 5th defendant is permitted to file his written statement on payment of cost of Rs.10,000/- to the plaintiff.
Sd/- JUDGE nms