PARVATHAMMA B MUTTALLI AND ORS Vs. M RAMACHANDRA

JUDGEMENT

(1.) The present petition is filed against the judicial of ficer, who is working as a Senior Civil Judge & JMFC, Hangal. The complainants are the daughters of one Puttalinganagouda @ Veeranagouda B.Patil. They were the plaintif fs in O.S. No.3/2011 on the f ile of the Senior Civil Judge & JMFC, Hangal. In the suit, the defendants filed an application under Order VII Rule 11 CPC which was treated as IA No.6. The said appl ication came to be allowed and the suit instituted by the present complainants came to be dismissed as no cause of action had arisen for the suit and also on the ground that the same is barred by limitation.

(2.) Aggrieved by the rejection of the plaint under Order VII Rule 11 CPC, complainants filed Regular First Appeal in RFA No.472/2012. The above matter came up before a co-ordinate Bench of this Court on 30.07.2013, which appeal came to be allowed with following directions:-

(3.) Sri.S.B. Muttalli, learned counsel appearing for the complainants, submits that there is willful disobedience of the direction issued by this Court by the Presiding Of ficer. According to him, since he had served a copy of the appl ication for advancing the case on the counsel who was representing the defendants by name Sri.M.M.Uppin, the trial court was not justif ied in ordering notice to the defendants. According to him, as per the direction of this Court in RFA No.4172/2012, respondent/judicial of ficer was required to frame issues and proceed with the matter without adjourning the case. Therefore, he requests the Court to initiate contempt against the judicial of ficer.