K SRINIVAS Vs. ADDITIONAL JUDGE FAMILY COURT BANGALORE

JUDGEMENT

(1.) This is a petition under Article 227 of the Constitution directed against the order made by the Additional Judge, Family Court, Bangalore, in what is termed as O.S. No. 12/1988. The plaintiffs are (1) Smt. S. Gayathri, (2) Miss Rekha and (3) Miss Babita. The 1st plaintiff is described as the wife of the 1st defendant while the 2nd and 3rd plaintiffs are described as the daughters born out of alleged wedlock between the 1st defendant and the 1st plaintiff. The defendants 2 and 3 are purchasers of certain immovable properties from the 1st defendant. The frame of the suit is such that the plaintiffs have prayed for a permanent injunction restraining the 1st defendant from interfering with the possession and enjoyment of the suit schedule properties by the plaintiffs.

(2.) The 1st defendant filed his written statement on 23-5-1988. A copy of the order sheet is produced along with this petition in support of that assertion. However, in the course of the order passed on I.As. Ill and IV, the learned Judge in paragraph 9 has observed as follows:

(3.) The order sheet discloses that the 1st defendant has entered appearance and filed the written statement on 23-5-1988. Therefore, the observation that he had not contested or entered appearance is wholly incorrect and contrary to the records. Similarly, the observation that he has shown no interest to prove that the plaintiff is not the legally wedded wife is also a conclusion drawn without evidence despite the denial of the relationship in the written statement filed, a true copy which is produced with this petition.