Karnataka High Court
Shidlingappa Gurubasappa Nagaral vs Bagawandash Kishanadas Barshi on 17 December, 2021
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 17th DAY OF DECEMBER 2021
BEFORE
THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA
W.P.NO.104229/2021 (GM-CPC)
BETWEEN:
SHIDLINGAPPA GURABASAPPA NAGARAL,
AGE: 41 YEARS, OCC: TRADE,
R/O: MAIN MAZAR, BILAGI,
DIST: BAGALKOT.
... PETITIONER
(BY SRI. MRUTYUNJAYA S. HALLIKERI, ADVOCATE)
AND:
BAGAWANDASH KISANADAS BARSHI,
AGE: 83 YEARS, OCC: AGRICULTURE AND
SARAF BUSINESS, R/O: ADAT BAZAR,
BAGALKOT.
... RESPONDENT
(BY RESPONDENT SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING
TO ISSUE, WRIT ORDER OR DIRECTION IN THE NATURE
OF CERTIORARI BY QUASHING THE ORDER DATED
05.01.2021 PASSED ON I.A.NO.12 IN O.S. NO.240/2013
BY THE COURT OF PRINCIPAL CIVIL JUDGE, BAGALKOT
VIDE ANNEXURE-F.
:2:
THIS PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Despite service of notice on the respondent there was no representation. By the impugned order permission to file an additional written statement in response to amend the plaint has been refused.
2. The trial Court has rejecting the permission sought for, since more than three and half years have lapsed. Since the plaint was permitted to be amend. In my view on the made record to the fact the right to set up the defense to be denied. The impugned order is liable to be set aside and permission to be required to be granted to file an additional statement.
This writ petition is accordingly allowed.
Sd/-
JUDGE SSP