CHANDRAVATI Vs. PRASANNA R KAILAJE

JUDGEMENT

(1.) This petition is directed against the impugned order dtd. 19/11/2022 passed in Misc. No.36/2022 by the I Additional Senior Civil Judge & CJM, Mangaluru, Dakshina Kannada (for short, 'Trial Court'), whereby the application - I.A. No.I filed by the petitioner under Order XLI Rule 5 read with Sec. 151 of the Code of Civil Procedure, 1908 (for short, 'CPC') seeking stay of the operation of judgment and decree dtd. 26/9/2022 passed in O.S. No.338/2019 was rejected by the Trial Court.

(2.) The material on record discloses that the respondent No.1 - plaintiff instituted suit in O.S. No.338/2019 against the petitioner - defendant No.1 and respondent No.2 - defendant No.2 for declaration, possession and mandatory injunction and other reliefs in relation to the suit schedule immovable property. In the said suit, the petitioner - defendant No.1 entered appearance through her counsel, but did not file her written statement nor contested the suit. The respondent No.2 - defendant No.2 - MESCOM filed the written statement. During the course of trial, the respondent No.1 - plaintiff examined himself as P.W.1 and Exs.P-1 to P-56 were marked. So also the Court Commissioner was examined as C.W.1 and Exs.C-1 to C-20 were marked by the Trial Court. After hearing the respondent No.1 and respondent No.2, the Trial Court proceeded to pass judgment and decree dtd. 26/9/2022 decreeing the suit in favour of respondent No.1 - plaintiff.

(3.) Aggrieved by the aforesaid judgment and decree passed by the Trial Court, the petitioner - defendant No.1 has preferred Misc. No.36/2022 invoking Order IX Rule 13 of CPC. In the said Miscellaneous proceedings, the petitioner - defendant No.1 filed an application - I.A. No.1/2022 under Order XLI Rule 5 of CPC seeking stay of the judgment and decree passed in O.S. No.338/2019. By the impugned order, the Trial Court rejected I.A. No.1/2022, aggrieved by which the petitioner is before this Court by way of the present petition.