S. CHAYA DEVI D/O SRINIVASAIAH AND S. MOHAN S/O LATE. SRINIVASAIAH Vs. H. MANJURAMASWAMY S/O HANUMANTHA GOWDA, SMT. A. SHAKUNTALAMMA W/O K. SRINIVASA MURTHY AND SMT. SHARADAMMA D/O BOREGOWDA

JUDGEMENT

(1.) DEFENDANTS 3(a) and 3(b) before the trial court in O.S. No. 4825/1999 are questioning the order dated 12.11.2009 passed by the XIth Additional City Civil Judge, Bangalore City, whereunder the interlocutory application filed under Order 8 Rule 1 of Code of Civil Procedure by these defendants seeking leave to file written statement came to be dismissed.

(2.) THE facts in nutshell are as follows: A suit O.S. No. 4825/1999 came to be filed by the respondent/plaintiff seeking a direction to the first defendant to execute and register absolute sale deed in favour of the plaintiff in respect of suit schedule property and other consequential reliefs. On service of notice defendants appeared and time was sought to file the written statement. The second defendant has not filed the written statement. On 06.08.2006 third defendant expired and on 17.07.2007 the legal representatives of third defendant were brought on record and matter came to be adjourned for filing of the written statement to 17.08.2007 and thereafter to 17.09.2007. Thereafterwards two adjournments were granted by the trial court to defendants 3(a) and 3(b) to file the written statement. Inspite of sufficient opportunity having been given the defendants 3(a) and 3(b) did not file the written statement. On 04.12.2008 an application under Order 8 Rule 1 came to be filed seeking permission to file written statement. The said application came to be resisted by the plaintiffs contending inter alia that parents of applicants i.e., second and third defendant had not filed the written statement and hence these defendants cannot have a better right than what second and third defendant possessed and accordingly sought for rejection of the application. On these grounds amongst others they sought for rejection of the application.

(3.) I have heard Sri. T.R. Subbanna, learned Senior Counsel appearing on behalf of Smt. B.V. Vidyulatha for petitioner and Sri. G. Manivannan, Learned Counsel appearing for the caveator respondent No. 2.