C.R. RAMESH Vs. V. MANJUNATH

JUDGEMENT

(1.) These two appeals are listed for admission and heard both the counsel on merits. In these two appeals order is challenged before this Court dismissing the Misc. Petition No.25061/2011 filed under Order IX Rule 13 r/w Sec. 151 CPC with cost of Rs.5000.00.

(2.) Counsel appearing for the appellant in M.F.A.No. No.4220/2021 vehemently contend that while dismissing the Misc.Petition No.25061/2011 the Trial Court has not assigned the reasons, even though specific reasons are given before the Trial Court that there was a move for settlement and hence they could not appear before the Trial Court and in the meanwhile the suit is decreed, the same has not been considered. The counsel also vehemently contend that cryptic order was passed by the Trial Court, while dismissing, only three paragraphs have been discussed and comes to the conclusion that no sufficient cause is made out for invoking Order IX Rule 13 and the very approach of the Trial Court is erroneous and hence it requires interference.

(3.) Though appeal is filed in M.F.A.No.4042/2021, counsel for the appellants in M.F.A.No.4042/2021 also reiterates the grounds urged by the counsel appearing for the appellants in M.F.A.No.4220/2021 and counsel also vehemently contend that the Trial Court ought to have given an opportunity to the appellants herein to contest the matter on merits and the very approach of the Trial Court is erroneous.