KOTREPPA Vs. YELLAKKA

JUDGEMENT

(1.) This petition is directed against the impugned order dtd. 7/11/2022 passed on I.A.Nos.46 and 47 in O.S.No.1/2007 by the Senior Civil Judge, Yellapur sitting at Mundgod whereby the aforesaid applications filed by the petitioner-defendant under Order IX Rule 7 and Sec. 151 C.P.C. to set aside the order placing him ex-parte and for permission to contest the proceedings were rejected by the trial Court.

(2.) Heard learned counsel for the petitioner and learned counsel for respondent No.1 and perused the material on record.

(3.) The material on record discloses that respondent No.1/plaintiff instituted the aforesaid suit in O.S.No.1/2007 for partition and separate possession of her alleged share in the suit schedule immovable properties and for other reliefs. In the said suit, the petitioner herein has arrayed as defendant No.1 while remaining respondents herein are arrayed as defendants and they are contesting the suit. The petitioner herein was placed ex parte while remaining defendants contested the suit and the matter was posted for final arguments at which stage petitioner moved the instant applications for permission to contest the suit. The said applications having been opposed by the respondents, the trial Court proceeded to pass the impugned order rejecting the applications on the ground that since the matter was posted for judgment earlier, the trial Court did not have jurisdiction to consider the said applications and consequently, same were dismissed by the trial Court, aggrieved by which the petitioner-defendant is before this Court by way of present petition.