D. SUGUNA Vs. INDRAMMA

JUDGEMENT

(1.) This petition by the plaintiff in O.S.No.2218/2007 on the file of the XIV Additional City Civil Judge, Bengaluru (for short, 'the trial Court') is directed against the impugned common order on I.A.Nos.13 to 15 filed by the petitioner - plaintiff in the said suit whereby, the trial Court has rejected the said applications (I.A.Nos.13 to 15) filed by the petitioner-plaintiff.

(2.) Heard learned counsel for the petitioner and perused the material on record. Though the respondent Nos.1 and 3 have been served with the notice of this petition, they have chosen to remain unrepresented and have not contested this petition.

(3.) The material on record discloses that the petitioner - plaintiff instituted the aforesaid suit for declaration, permanent injunction and other reliefs in relation to the suit schedule immovable properties. During the pendency of the suit, the trial Court proceeded to pass an order dtd. 25/10/2018 dismissing the suit as against the defendant No.2 on the ground that steps have not been taken in respect of the said defendant No.2. Subsequently, the petitioner filed the instant applications I.A.Nos.13 to 15 seeking reopening of the case, recalling of the order dtd. 25/10/2018 and to restore the suit as against the defendant No.2. Though the said applications were not opposed by the respondents, the trial Court proceeded to pass the impugned order dismissing the applications, aggrieved by which, the petitioner-plaintiff is before this Court by way of the present petition.