VIJAY KUMAR Vs. HANUMANTHAIAH AND ORS.

JUDGEMENT

(1.) The present petition is directed against the order dated 11.01.2016 passed by the learned I Addl. City Civil & Sessions Judge, Bangalore City, on I.A. No. 10 in O.S. No. 5452/2005, whereby the learned Civil Judge has partly allowed the application and permitted filing of the written statement confining to para -8(a) of the averment made in the plaint but has rejected the prayer to file written statement on the other aspects.

(2.) I have heard Mr. Nishanth A.V., learned Counsel appearing for the petitioner and Mr. L.S. Venkatakrishna, learned Counsel appearing for respondent No. 15.

(3.) The contention raised on behalf of the petitioner was that after the suit was filed as back as in the year 2005, on behalf of the petitioner no written statement was filed, but the suit was concluded and the matter was carried before this Court in RFA No. 290/2009 and this Court vide order dated 18.08.2014 (Annexure 'B') allowed the appeal and remanded the matter to the Trial Court for adjudication afresh on the point which was observed by the High Court. So far as the amendment which was to be made by the original plaintiff is concerned, the liberty was reserved to the defendants to file additional written statement, if so, advised. It was also observed by this Court that the Trial Court would be at the liberty to consider the application, if any, filed by respondent No. 13 i.e. the petitioner herein on merits and to decide the contentions of the parties and such contentions were kept open.