C.V. MANJUNATHA S/O VISHWANATHA BHATTA AND SMT. GEETHA W/O C.V. MANJUNATHA Vs. BHARATHI ADIKE STORE REGD. PARTNERSHIP FIRM REPRESENTED BY ITS PARTNER SRI M.S. MANKALE S/O LATE NARAYANA BHATTA AND VENKATESHA S/O KRISHNA RAO

JUDGEMENT

(1.) IN this writ petition, petitioners are challenging the order dated 07.11.2009 passed by the Trial Court rejecting the application filed by the petitioners - defendants in the Trial Court invoking Section 195(1)(b) read with Section 340 of the Code of Criminal Procedure.

(2.) THE suit in O.S.No. 21/03 is filed by the 1st respondent herein for recovery of money based on a pro -note. An ex -parte order of attachment before judgment came to be passed on 05.03.2003 by the Trial Court. However the property, subject matter of attachment was sold by the 1st petitioner on 26.03.2003.

(3.) SEVERAL contentions are urged on merits by the learned Counsel for the petitioners. Having regard to the nature of the controversy raised, I do not find it appropriate to enter into the merits of the contentions. The application filed before the Court below was itself totally misconceived. The defendants having taken a specific defence stating that the 1st defendant had sold the properly on 26.03.3003 and that the suit summons was served on them only on 28.03.2003, it was for them to establish by adducing cogent evidence of the said fact. The question whether there is interpolation or not is a matter of evidence and the Court below was right and justified in rejecting the application. The trial of the suit cannot be delayed on that ground by filing an application invoking the provision of Section 195(1)(b) read with Section 340 of the Code of Criminal Procedure. Hence, I do not find any good ground to interfere.