ANISH M RAWTHER Vs. HAFEEZ UR RAHMAN

JUDGEMENT

(1.) This appeal has been preferred by the appellant/defendant challenging the Order passed by the High Court of Karnataka on 21/3/2022 in Writ Petition No. 10975 of 2020 (GM-CPC) whereby the High Court allowed the writ petition and set aside the Order dtd. 7/3/2020 passed by the Trial Court in Com. OS No. 1026 of 2018 and further directed the Trial Court to accept the memo dtd. 14/11/2019 which was submitted by the respondents/plaintiffs and pass appropriate orders accordingly.

(2.) The brief facts, necessary for disposal of this Civil Appeal are that the respondents/plaintiffs preferred a suit under Order XXXVII of Code of Civil Procedure, 1908 (henceforth 'CPC') against the appellants/defendants for recovery of Rs.1,04,16,576.00 with interest. The appellants/defendants entered appearance and filed application seeking leave to defend which was allowed by the Trial Court on 19/6/2019 with a direction to the appellants/defendants to deposit 50% of the suit claim. The said order was challenged before the High Court in Writ Petition No. 28349 of 2019 which was dismissed on 8/8/2019 against which an SLP (C) No. 20626 of 2019 was preferred by the appellants/defendants which came to be dismissed on 6/9/2019, by passing the following order:-

(3.) Despite the above order passed by this Court, the appellants/defendants did not approach the High Court for variation of the order as permitted by this Court.