SHIDARAY; VASANT; SHRIMANT; BASAVARAJ Vs. SIDDAPPA

JUDGEMENT

(1.) The petitioner is aggrieved by the order dated 22.09.2015, passed by the Additional Senior Civil Judge and J.M.F.C, Athani, whereby the learned Civil Judge has rejected the application filed under Order VIII Rule 9 R/w. Section 151 CPC, requesting the learned trial Court to permit the petitioner to file his written statement.

(2.) Briefly the facts of the case are, that the respondent herein, Mr.Siddappa, filed a Civil Suit for specific performance of contract, praying that the petitioners-defendants be directed by the Court to execute a registered sale deed in respect of the suit schedule property, by accepting the balance consideration amount and, to hand over the vacant possession of the suit property, in accordance with the agreement of sale dated 06.06.2011.

(3.) Despite the service of summons upon the petitionersdefendants, they did not appear before the learned trial Court.