G PARIMALA Vs. BIMALA BHATIA

JUDGEMENT

(1.) This C.R.P. is filed by the 2nd defendant in O.S. No.692 of 2002 on the file of the VIII Additional Senior Civil Judge (Fast Track Court), City Civil Court, Hyderabad. He challenges the order dated 20-12-2004 passed by the trial Court in LA. No.290 of 2004, refusing to enlarge time for filing additional written statement. The respondents 1 and 2 filed the suit for the relief of perpetual injunction against the petitioner and the 3rd respondent, restraining them from raising any loans on their documents deposited with the 3rd respondent, and to restrain the latter from releasing their documents, in favour of the petitioner. Mandatory injunction was also sought, against the 3rd respondent for release of certain documents. They filed I.A. No. 1815 of 2003 to amend the plaint, to incorporate an alternative relief in the form of a direction to the petitioner, to clear that loan contracted with the 3rd respondent. The I.A. was ordered on 25-8-2003.

(2.) The trial Court granted time to the petitioner herein to file additional written statement. On the ground that the petitioner did not comply with the same, the right to file additional written statement was forfeited through order dated 17-9-2003. The Petitioner filed I.A. No.1160 of 2003, to set aside the order dated 17-9-2003. Simultaneously, he filed C.R.P. No.6510 of 2003, in this Court, challenging the order in I.A. No.815 of 2003. It was admitted and interim stay of further proceedings in the suit was granted on 16-4-2004. In the meanwhile, the trial Court allowed the I.A. No.1160 of 2003 on 27-3-2004 and granted time to the petitioner to file additional written statement on or before 7-4-2004.

(3.) The petitioner states that he came to know about the orders in I.A. No.1160 of 2003 only on 16-4-2004, when reference was made thereto, by the respondents during the hearing of C.R.P. No.6510 of 2003. The C.R.P. was dismissed on 6-7-2004. In Review C.M.P. No.12615 of 2004 filed in that C.R.P., initially, stay was granted on 2-8-2004 and it was ultimately rejected on 3-9-2004.