R.B. BASAVARAJAPPA BIDADAHALLI @ R.B. BASAVARAJAPPA Vs. SRI. THAMMAIAH S/O. GOWDE GOWDA, THE SUB REGISTRAR AND THE STATE GOVERNMENT OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE

JUDGEMENT

(1.) THE Petitioner is live Plaintiff in O.S. No. 165/2005 on the file of the Principal Civil Judge (Sr. Dn.). Ramanagar and the Respondents are the Defendants. The Plaintiff filed the aforesaid suit for declaration that the sale deed dated 28.2.2005 obtained by the 1st Respondent from the Plaintiff is null and void and for certain other reliefs.

(2.) THE Defendants did not file their written statements within the period prescribed. There was delay of about 605 days in filing the written statement by the 1st Defendants and 117 days in filing the written statement by the 2nd Respondent Therefore, Defendant. Nos. 1 and 2 tiled the applications I.A. Nos. 5 and 6 seeking condonation of delay in filing the written statement. The court below has allowed the said applications by its order dated 14.12.2010 and permitted the Defendants to file the written statement on payment of cost of Rs. . 500/ - each. The Petitioner/Plaintiff has called in question the validity of the said order in these writ petitions.

(3.) ON the other hand, learned Counsel for the Respondents have sought to justify the impugned order.