A RAGHUNATH BABU Vs. K S NAGARAJU

JUDGEMENT

(1.) The defendant Nos.7 and 8 filed the present writ petitions against the order dated 7.8.2017 rejecting the I.A. filed by them under Section 151 of Code of Civil Procedure seeking permission to file the written statement in O.S. NO.94/2008.

(2.) The respondent Nos.1 and 2 who are the plaintiffs before the trial Court filed the suit for specific performance to direct the defendant Nos.1 to 6 to execute the sale deed in their favour in performance of the contract dated 7.4.2007 in respect of the suit schedule properties by setting aside the sale deeds dated 30.1.2008 as they are void documents and in the event of the defendant Nos.1 to 6 failed to execute the sale deed, then to execute the sale deed in their favour by appointing the Court Commissioner.

(3.) The defendant Nos.1 to 6 have not filed any written statement. When the matter was posted for arguments, at that stage, defendant Nos.7 and 8 filed an application under Section 151 of Code of Civil Procedure for permission to file their written statement by condoning the delay in filing the same contending that due to the family problems and division between defendant Nos.7 and 8, they were unable to contact their advocate and file the written statement. Alongwith the application, written statement was filed and it is stated that the delay in filing the written statement was bonafide and due to the reasons beyond their control. The said application was opposed by the plaintiffs by filing the objections.