GAYITHRAMMA Vs. BHAGYAMMA

JUDGEMENT

(1.) This petition by the defendant Nos.1, 2, 4 and 5 in O.S.No.1676/2014 on the file of the X Additional Civil Judge and JMFC, Mysuru (for short, 'the trial Court') is directed against the impugned order dtd. 15/6/2023 whereby, the said application filed by the petitioner No.1- defendant No.1 under Order VIII Rule 1(A) of the Code of Civil Procedure, 1908 seeking permission to file the written statement was rejected by the trial Court.

(2.) Heard learned counsel for the parties and perused the material on record.

(3.) A perusal of the impugned order will indicate that the main ground on which the trial Court has refused to permit the petitioner No.1-defendant No.1 to file the written statement is that the petitioner No.1 was not diligent enough to take steps to file the written statement. However, having regard to the specific contention urged by the petitioner No.1 in the affidavit in support of the application (I.A.No.VIII) that she was under the bonafide impression that the written statement had already been filed since the petitioners had filed their objection to the application for temporary injunction and had contested the same, by adopting the justice oriented approach and to give one more opportunity to the petitioners to file their written statement, I deem it just and appropriate to allow the application (I.A.No.VIII) by setting aside the impugned order.