Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:1324 WP No. 33432 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 33432 OF 2024 (GM-CPC) BETWEEN:
SRI.K. HARSHA REDDY S/O K. SRINATH REDDY AGED ABOUT 37 YEARS AGRICULTURIST AND BUSINESSMAN R/AT DOOR NO 1814 VIDYA NAGARA DAVANGERE - 577004 …PETITIONER (BY SRI. PRASANNA B R.,ADVOCATE) AND:
1.
SMT K C HANUMAMMA W/O LATE CHANNABASAPPA AGED ABOUT 76 YEARS OCC HOUSEHOLD AND AGRICULTURIST R/AT KUNDUWADA VILLAGE DAVANGERE TALUK – 577566.
2.
SMT K.B. SHARADA W/O LATE K C PRABHAKAR AGED ABOUT 46 YEARS OCC HOUSEHOLD AND AGRICULTURIST
3.
SRI K P SOMA SUNDARA SUVARNA S/O LATE K C PRABHAKAR AGED ABOUT 22 YEARS STUDENT
4.
SRI K P PARASHURAM S/O LATE K C PRABHAKAR AGED ABOUT 21 YEARS OCC STUDENT R2 TO R4 ARE RESIDING AT
Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:1324 WP No. 33432 of 2024
KUNDUWALA VILLAGE DAVANGERE TALUK - 577566 …RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED: 14.10.2024 IN O.S.NO. 150/2018 ON I.A.NO. 14 PASSED BY THE HONBLE II ADDL. SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE VIDE ANNEXURE-L AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER
1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner/plaintiff, challenging the order dated 14.10.2024 passed by the II Additional Senior Civil Judge & JMFC, Davanagere on I.A.No.14 filed by defendant No.2 under Order VIII Rule 1 read with Section 151 of CPC in O.S.No.150/2018, whereby the trial Court has allowed the said application on cost of Rs.5,000/-.
2. The petitioner has filed the suit for specific performance of contract.
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NC: 2025:KHC:1324 WP No. 33432 of 2024
3. After service of summons, defendants appeared through their counsel but did not file any written statement.
4. Though the suit was filed in the year 2018 and several opportunities were provided to file the written statement, defendant Nos.1 and 2 failed to do so. Consequently, the trial Court, by its
order dated 03.02.2021, recorded that the written statements of defendant Nos.1 and 2 had not been filed. The matter was then posted for framing of issues. After issues were framed, defendant No.2 filed an application for permitting her to file her written statement. The trial Court after considering the contentions raised by the parties, allowed the application and imposed the costs.
5. Therefore, there is no error or illegality in the order dated 14.10.2024 passed by the II Additional Senior Civil Judge & JMFC, Davanagere on I.A.No.14 filed by
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NC: 2025:KHC:1324 WP No. 33432 of 2024
defendant No.2 under Order VIII Rule 1 read with Section 151 of CPC in O.S.No.150/2018.
6. Accordingly, the writ petition is dismissed.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
HA List No.: 1 Sl No.: 13