JAYARAMA S/O LATE ISHWARA POOJARY, SMT. MOHINI D/O LATE ISHWARA POOJARY, MR. PURANDARA S/O LATE ISHWARA POOJARY AND MR. JAYANTHA S/O LATE ISHWARA POOJARY Vs. MR. SUBBU POOJARY S/O LATE BALANNA POOJARY AND OTHERS

JUDGEMENT

(1.) THE petitioners have called into question the order, dated 09.02.2009 (Annexure -A) passed by the IInd Additional Civil Judge (Sr. Dn.), Mangalore on I.A. No. 7 in O.S. No. 320/2003.

(2.) THE facts of the case in brief are that the respondents filed the suit against 12 defendants including the petitioners' father (defendant No. 1). The petitioners claim is that the first defendant fifed the written statement on 24.08.2004 with the office. He passed away on 17.01.2006. On appearance of the LRs (the petitioners herein) filed the written statement on 20.08.2005 with the office. As the Trial Court recorded that the first defendant's LRs have net filed the written statement, they made IA No. 7 requesting the Court to receive the written statement by condoning the delay in filing the same. By its order dated 09.02.2009, the Trial Court rejected I.A. No. 7.

(3.) SRI Pundikal Ishwar Bhat, the learned Counsel for the petitioners submits that the first defendant had indeed filed written statement, as the same was not taken on record. The petitioners (first defendant's LRs) filed the written statement as the same was not taken on record by the Trial Court and on the otter hand, the Trial Court recorded that it is not filed at all. They filed I.A. No. 7.