RAJANNA Vs. PUTTAMMA AND ORS.

JUDGEMENT

(1.) This petition is filed by the petitioner -defendant No. 1 requesting the Court to quash the order dated 03.10.2015 passed on I.A. No. 7 in O.S. No. 183/2007 on the file of the Addl. Civil Judge and JMFC, Gubbi, which is produced at Annexure -E.

(2.) Heard the arguments of the learned counsel appearing for the petitioner -defendant No. 1 and the learned counsel appearing for respondent Nos. 1 to 8 -plaintiffs.

(3.) Learned counsel for the petitioner -defendant No. 1 during the course of his arguments has submitted that plaintiff filed the suit for declaration of his ownership and also for permanent injunction as against petitioner -defendant. Petitioner has filed the written statement in the said suit; issues were framed and the matter went for trail. He has also submitted that earlier plaintiff has filed an application under Order 1 Rule 10(2) CPC requesting the Court to implead the proposed parties as defendant Nos. 2 to 9 in the said suit. Though defendant No. 1 contested the said application, but the Trial Court allowed the said application and the proposed parties were brought on record as defendant Nos. 2 to 9. He has submitted that when the summons were issued to the proposed defendants after they were brought on record, inspite of service of summons, they were not appeared and they were placed ex -parte.