LAWS(KAR)-2025-7-98

B. N. BABU REDDY Vs. KADIRAPPA

Decided On July 21, 2025
B. N. Babu Reddy Appellant
V/S
Kadirappa Respondents

JUDGEMENT

(1.) The conglomeration of these cases are by the same petitioner and plaintiffs are different.

(2.) Heard Sri. T.N.Vishwanatha, learned counsel appearing for the petitioner, Sri. Suresh S. Lokre, learned senior counsel for Sri. Shravan S. Lokre, learned counsel appearing for the respondent.

(3.) The plaintiff institutes a suit in O.S.No.25712/2021 seeking permanent injunction qua the suit schedule property. After appearance, the defendants file an application seeking leave of the Court to file Written Statement as the time to file Written Statement had stood expired by 16/9/2022. On permitting of filing of the Written Statement on 16/9/2022, the same was taken on record. The respondent-plaintiff files an application in I.A.No.4 under Sec. 151 of the Code of Civil Procedure to eschew/delete allegations made against the respondent's advocate on record from particular paragraphs of the Written Statement. The petitioner then files objections to the said applications. The concerned Court after hearing the parties, by its order dtd. 28/1/2025 allows the application filed by the advocate for plaintiff and eschews/deletes the alleged allegations made as sought for in the application. It is on the deletion or eschewing as the Court has done, drives the defendant to this Court in all these petitions. The cause of action to approach the doors of this Court is common. Therefore, the petitions are tagged and considered by this common order.