/_>x, -.\-4.va.~.-.',:: IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 23" DAY OF AUGUST, 2010 BEFORE: THE BON'BLE MR. JUSTICE A.S. PACHHA?URE,rAK WRIT PETITION No.18026 g§~2@og ;GM?Cé¢lAfiA WRIT PETITION Nos.28399~40g*g§ 2009 «.=.'T BETWEEN: 1. fRavikiran,A" Mangalamma, _ fl . W/0. Mahadevaiah,A'gA _H Aged about 36 years}_ ' Radha, _ ;_, «_ 1 D/O. Mahadefia;ah,"= Aged abafit Zfifyeaxa; Tara, _ _ A.' _u.e f D/o.vMahadevaiah,WA' Aged abput 17 years} "S/df'Mahadevaiah, QA*Aga§Kabpfit 14 years, '¥s1;§§s.3;§"4 minors, AaRep,.by their mother and éhaturai guardian Mangalamma~P1. 'n,_A1i*are at C/0. Joseph, Brahmasandra-Karikere Road, A'Brahmasandra, Kora Hobli, Tumkur Taluk. PETITIONER/S [By Sri. G.R.Prakash, Adv.) 5. It is relevant to note that the 1" petitioner is the daughterwinwlaw of the respondent
and petitioners 3 and 4 are minor children of the 3″
petitioner. A minor should not be _pnt ltd’-dnya
injustice for the negligence ,of jits”iguardianiu
Furthermore, so far as the guardian is concerned, it
is stated in her affidaéitr prodnced :#hatWM§hé his ”
suffering from polyp bleeding, fine to which she was
admitted in the hospital.i She”is a person from the
village background and has no worldly.Rnowledge. It
is under these gircdmstandéé_£fiat she did not file
the written statement jand :the’ objections to the
application’ within _the “time allowed. by law. The
delay in filing the written statement and objections
V to the application, in case of exceptional grounds
l; are made out by the party, could be condoned and the
written statement and objections to the application
can be permitted compensating the delay by awarding
u’*pcosts.’tpd So, taking into consideration these
i%vcircumstances, I am of the opinion that the
R~. petitioners have made out exceptional grounds to
uifile written statement and also objections to the
application filed under Order 39 Rule 2 and 2 CPC on
payment of reasonable costs. So far as the costs