MUNIYAMMA Vs. BANGALARAPPA

JUDGEMENT

(1.) PETITIONER is the 5th defendant in O.S. No. 530/2009 on the file of the Civil Judge (Sr. Dn.) and JMFC, Anekal. Being aggrieved by the order dated 01 -8 -12012 made on I.A. No. 3, she has filed this writ petition.

(2.) RESPONDENTS No. 1 to 4 herein had filed a suit in O.S. No. 530/2009 seeking for partition and separate possession of 1/4th share by metes and bounds in respect of the suit schedule properties. In the plaint, it was contended that the suit schedule properties are the ancestral properties. The plaintiffs and defendants are entitled for 1/4th share each in respect of the suit schedule properties. The petitioner who is the 5th defendant in the suit did not file any written statement to the plaint, though notice was served on her and she had engaged the services of an advocate. Though the Court had granted time till 8 -12 -2010 to file the written statement, the petitioner did not filed any written statement. After a lapse of 10 months, I.A. No. 3 has been filed under Section 151 of CPC seeking permission to file the written statement and also to make a counter claim. The Trial Court after considering the matter relying upon the judgment of this court, dismissed the application I.A. No. 3 filed by the petitioner. Being aggrieved by the said order, the petitioner has filed this writ petition.

(3.) THOUGH the contesting respondents are served with notice, they remained unrepresented.