DEPUTY COMMISSIONER AND ANR Vs. RAVANAMMA

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution of India assailing the impugned order No. 09 dated 2.6.2010 passed in Other Suit No. 17 of 2009 by the learned Civil Judge, Junior Division II, Port Blair whereby and whereunder the learned Judge allowed the plaintiff to comply with the provision of notice under Section 80 CPC. The learned Judge further directed that till then the suit will remain stayed.

(2.) The respondent herein instituted a civil suit for declaration against the petitioners herein before the learned Court of Civil Judge, Junior Division-II, Port Blair bearing Other Suit No. 17 of 2009. The petitioners entered appearance and prayed for time for filing written statement. The respondent filed a petition before the learned Court stating that the respondent did not serve the notice under Section 80 CPC and prayed for an opportunity to comply with Section 80 CPC. The learned Court after hearing passed the impugned order.

(3.) Being aggrieved by that order passed by the learned Court below, the defendants have preferred the instant application under Article 227 of the Constitution of India.