AVON TOWNSHIP DEVELOPERS Vs. TELERADIOLOGY SOLUTIONS PVT. LTD

JUDGEMENT

(1.) This Writ petition is filed by the defendant No.3 in Original Suit No.382 of 2022 on the file of the Principal Senior Civil Judge, Bengaluru Rural District, Bengaluru (for short, hereinafter referred to as 'trial Court'), challenging the order dtd. 29/3/2022.

(2.) The relevant facts for adjudication of this writ petition are that the respondent No.1, who is the plaintiff, has filed Original Suit No.382 of 2022 on the file of the trial Court, seeking relief of specific performance of the Agreement to sell-cum-assignment agreement dtd. 9/10/2019 and consequential relief as set out in the plaint. It is the case of the defendant No.3/petitioner herein that the defendant No.3 has entered appearance before the trial Court on 28/3/2022 and sought time to file objections to the applications as well as to file written statement to the Court. Thereafter, the matter was adjourned to 29/3/2022. The daily case status reflects that the matter was set down on 29/2/2022 for orders on IA. It further reflects that the trial Court has heard the parties on IAs and posted for orders by 6/4/2022. It is also forthcoming form Annexure-Q produced in the writ petition that the defendant has made application, seeking certified copy of the order sheet on 31/3/2022. However, he was not able to secure copy of the daily order sheet. The grievance of the defendant No.3 is that defendant No.3 was not heard insofar as IAs.1 to 4 is concerned. Accordingly, this writ petition is preferred by defendant No.3.

(3.) I have heard Sri. Sreevatsa, learned Senior Counsel appearing on behalf of Sri. S. Sammith, learned counsel for petitioner, who contended that the trial Court by order dtd. 18/2/2022 (Annexure-P) issued summons to defendants. The trial Court adjourned the matter to hear on the applications by 23/2/2022. Thereafter, the defendants entered appearance, however, they were not able to get copy of applications filed by the plaintiff nor plaint in the suit. It is also submitted by the learned Senior Counsel that the opportunity of hearing is not given to the defendants on applications filed by the plaintiff. Therefore, he submitted that the matter stands posted for orders by 6/4/2022. In that view of the matter, the learned Senior Counsel sought for interference of this Court with order dtd. 29/3/2022 passed by the trial Court.