SHRI. APPASAB Vs. SHRI. ANAND TAYAPPA KUMBAR

JUDGEMENT

(1.) The present petitioner is the first defendant in O.S. No.138/2009 said to be pending on the file of the Addl. Senior Civil Judge and JMFC, Athani (hereinafter referred to as 'the trial Court', for brevity), which is filed by the respondent herein for the relief of declaration to declare that he is the absolute owner and title holder of all the suit properties referred in the plaint in his capacity as legatee under the Will of deceased Tayappa Gurupadappa Kumbar, dated 14.12.2006.

(2.) It appears that the present petitioner - defendant No.1, despite service of summons did not appear in the trial Court and file his written statement and as such, he was placed ex-parte. On 17.01.2013, defendant No.1 filed an application seeking to recall the order placing him ex-parte and to permit him to file his written statement. The same was allowed. In spite of the same, defendant No.1 (petitioner herein) failed to file his written statement. On 28.07.2013, the written statement of the defendant No.1 was taken as not filed. Thereafter, on 03.01.2015, the present petitioner as defendant No.1 in the trial Court, filed I.A.III seeking to recall the order, wherein it was taken that he was not filed his written statement. The trial Court by its order dated 26.09.2015 dismissed the said I.A.III as devoid of merit. Challenging the said order, defendant No.1 has preferred this petition.

(3.) Though this matter was listed for hearing on I.A.1/2018, with the consent from both sides, the matter was taken up for its final disposal.