H.S. RAFEEQ AHMED Vs. SHIVARATHNA

JUDGEMENT

(1.) The petitioners, who are defendants No.1 and 4 to 7 in the suit are before this Court aggrieved of the rejections of the Interlocutory Application filed by the petitioners seeking permission to file written statement and to go on with the proceedings.

(2.) It is clear from the impugned order and the submissions made by the learned counsel at the Bar that the Trial Court has rejected the Application on the ground that the Application is filed at the fag end of the proceedings viz., when the matter has been posted for judgment. However, on hearing the learned counsel for the petitioners this Court finds that in the suit filed at the hands of respondent No.1 herein/plaintiff seeking the Permanent Injunction against the defendants, respondent No.1-Sri.H.S. Raffeq Ahmed and others have been arraigned as the defendants.

(3.) It is the contention of defendant No.1/ petitioner No.1 herein that he is the Secretary of the Pyaragan Educational Society and the said Society has purchased 4 Acres of land in old Sy.No.91/A Re.Sy.Nos.2/1, 2/9 situated at Kadadanakunte Village, Kasaba Hobli, Shidlaghatta Taluk under a registered sale deed dtd. 16/12/1979. It is stated in the written statement filed along with the Application that one Sri.K.Munivenkatappa was the owner of the 7 Acres and 39 Guntas of land in the said survey number. After his demise there was a partition in the family and 2 Acres each fell to the share of Sri.K.M.Ramachandrappa and Sri. Ramanjinappa. The Pyaragan Educational Trust has purchased 4 Acres of land from the said Sri.K.Ramachandrappa and Sri.Ramanjinappa. Initially, there was some problem faced by the Trust in getting the Khata registered in the revenue records. However, subsequently, the name of the purchaser has been registered in the Khata.