Karnataka High Court
Epsilon Ventures Pvt Ltd vs Sri D Sreedharan S/O Late P K Panicker on 6 June, 2009
Author: H N Nagamohan Das
Bench: H. N. _Nagamchan Das
IN THE HIGH GOURT OF KARNATAKA AT BANGALORE. 7 BEFORE THE HON'BLE MR. JUSTICE H. N. _NAGAMCHAN DAS. W.P.No. 10968/2008(0M-CPC} . BETWEEN: EPSILON VENTURES PVT.LTD A COMPANY FiEGISTERED _ UNDER THE INDIAN. COMPANIES ACT, 1956 HAVING ITS OFFICEAT = NO.2, WALTON ROAD, -- BANGALORE 580 0C1 on PETITIONER (By Sri si GURURAI DAR ADV.) oo AND: " 1. SRLD SREEDHARAN SINCE DECEASED BY LRS (A) SMT.K.P KAMALAM W/O LATE SRIDHARAN "AGED ABOUT 55 YEARS ~{B) SMT.K.P.SRIKALA WW/O SETHU MADHAVAN _ -&GED ABOUT 25 YEARS (C) SMT.K.P.SHALINI W/O SRI SAJAN AGED ABOUT 23 YEARS tba (D) SMT.K.P.SREEJA W/O SRI BABU RAJ _ AGED ABOUT 21 YEARS ALL ARE RYA CHERIYADATH HOUSE POST IRIMBALASSRI VIANELLYA, PALLAKAD DISTRICT, KERALA. RES PONDENTS (By Sri B.K.MANOHAR, ADV. ABSENT) This writ petition filed under Alticies 226 & 227 of the Constitution of India' praying. to quash the order dated 22.7.2006 passed by 'the. Mil AGdl. Cry Civil Judge at Bangalore in 0.S.4594/2006.. ho This petition coming on for preliminary hearing this day, the court mads the folowing: me -- "ORDER . Deceased respondent filed ©.$.4504/2006 against the
: : petitioner for deciaration of title and mandatory injunction. After service of suit summons, petitioner entered appearance and filed an application under Section 148 CPC seeking extension of time to oo file the written statement. Under the impugned order dated
22. 7. 2006 the Trial Court rejected the application filed by the petitioner mainly on the ground that the application is supported by memorandum of facts filed by the Advocate and not an affidavit by the party. This approach of the Trial Court is illegal and perverse. Therefore, the impugned order passed by the Trial Court is liable to " 7 tit) ; statement within 30 days from today before the Trial Writ petition is hereby allowed.
The impugned order dated Z2. 7. 2006. , passed by Trial Court rejecting the applivation filed by the petitioner seeking extension oF. time. for filing the writien ; statement is hereby quashe!, The petitioner is permitted to file their written ) . Court In: the event of petitioner filing the written statement : within time. the Trial Court shall receive the same on | oo record and to proceed with the matter in accordance ~ DKEY
- with law. Ordered accordingly.
Sd/-
Judge