ADAVEESHAIAH Vs. SUJATHA

JUDGEMENT

(1.) The present petition is filed by the petitioner/defendant No.7 before the trial court in O.S.No.313/2015. The petitioner/defendant No.7 has filed three applications in;

(2.) It is the case of the petitioner that the filing of the said three applications was necessitated in view of the fact that the plaintiff had sought for amendment of the plaint by incorporating additional property. It is this aspect of the matter which necessitated the petitioner/defendant No.7 to lead further evidence. However, the Trial Court rejected the said application solely on the ground that on earlier occasion, this Court by order dtd. 5/9/2018 passed in W.P.No.42999/2016, had directed the trial Court to dispose of the suit expeditiously within an outer limit of nine months and that the said period of nine months having already elapsed, the trial Court did not think fit to consider the application filed by the petitioner/defendant No.7. Except the said reasoning, no other reasoning has been assigned by the trial Court.

(3.) It is the submission of the learned counsel for the petitioner that though notice by the petitioner has been served on the respondent, none appears/represented before this Court.