K T RAMAIAH Vs. K ARCHANA

JUDGEMENT

(1.) The petitioners are before this Court under Article 227 of the Constitution of India, assailing the order dated 12.03.2014 passed on I.A.No.3 in O.S.No.224/2013 on the file of Additional Civil Judge, Junior Division and JMFC, at Hoskote, by which the application filed seeking permission to file written statement by condoning the delay is rejected.

(2.) The petitioners are defendants and respondent is plaintiff in O.S.No.224/2013 filed seeking for specific performance of the agreement dated 14.02.2011. The defendants appeared before the Court by filing vakalath through their counsel on 03.09.2013. Thereafter the suit was adjourned from time to time for filing written statement and objections to the I.A. filed under Order XXXIX Rules 1 and 2 of CPC. On 3.12.2013 as the written statement was not filed, the Court noted that the written statement is not filed and posted the matter for plaintiff's evidence. On 25.01.2014, plaintiff led his evidence and marked the documents. Further on 25.01.2014 itself, the Court heard the plaintiff and posted the matter for judgment on 31.1.2014. In the meanwhile, defendants/petitioners herein advanced the suit and filed I.A.No.3 on 29.01.2014 to condone the delay in filing the written statement along with written statement. The matter was posted to 07.02.2014 for objection to I.A.No.3. I.A.No.3 was heard on 18.02.2014. Thereafter on 12.03.2014 rejected I.A.No.3 and again posted the matter for judgment. In the meanwhile, the defendants filed present writ petition before this Court and this Court by order dated 26.03.2014 issued notice and granted an interim order of stay of further proceedings initially for a period of four weeks and continued thereafter from time to time.

(3.) Heard the learned counsel for the petitioners and learned counsel for the respondent and perused the writ papers.