High Court Karnataka High Court

Mr Rathnakar Hegde vs Mr H P Sharma on 2 November, 2009

Karnataka High Court
Mr Rathnakar Hegde vs Mr H P Sharma on 2 November, 2009
Author: Ashok B.Hinchigeri
IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 2ND DAY OF NOVEMBER 2OO.9f2.II LI~R.VV
BEFORE  L' I

THE IIONELE MR. JUSTICE ASROR B. _HII\IC:EIIIGIEI?J  I  I

WRIT PETITION NO.9191 OP, 2c:O:I :'((3'r'Is!E_L--C:PC):" II' I i  

BETWEEN

MR RATRNARAR HEGDE

S/O LATE B HIRIANNA HEGDE

AGED ABOUT 64 YEARS I  _ 

NO 161/B, 5% STAGE,2ND  _ . 

2ND STAGE, WEST OECHOROROAD  " "

RAJAJINAGAR    '   

BANGALORE 560   1'    ...PETITIONER

§I3Y--:SRI  ADV.,)
AND
MR H P 

S/O LATE M P  I I -_   
AGED ABOUT 60 YEARS

_I.EIREC'IéGR,: NI,/S  ZIPPER BAGS PVT LTD
'*B--2.31A,""-5 NIAIN", 2ND STAGE

PEEN_YA.. AREA
BAI=§GALOLRE'+5v6OV"O58  RESPONDENT

[BY SIRIMABEUL RAHIMAN, ADV., {abSent]}

 THIS WRIT PETITION IS EILED UNDER ARTICLES 226 AND

 227» OE CONSTITUTION OF INDIA PRAYING TO QUASH THE

,  ORDE'RScPASSED UNDER I.A.I 8: 2 IN O.S.NO. 7745/2005 DATED

 __I'5'.2.2o07 PENDING ON THE FILE OF 19TH ADDITIONAL CITY
2 .CIvII;JUDGE, BANGALORE VIDE ANX»~A AND ETC.

THIS PETITION COMING ON FOR PRELIMINARY HEARING

 IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:



ORDER

The petitioner has called into question the order;j<«..da.ted

15.2.2007 (AnneXure–A) passed by the Court'

Additional City Civil 8: Sessions Judge: ' 0.

1 and 2 in O.S.No.77/45/2005.

2. Sri K.S.Chandrahasafithpe ].e’arned_u:counse1 for the
petitioner submits that to that
part of the order which as the I.A.No.1
came to be submits that
the 10.2005 and the mother
died on of these two deaths of the

near and dear” reiatiyes” he could not instruct his

V4.adyoca_te-ito prepare”-the__written statement.

‘ .,fi’h.e«..:’«bereaVement in the petitioner’s family on

V aCcount’ViofV.his’pj and mother constitute a Valid ground

for conédoningh 4’ the delay in filing the Written statement.

the Court’s only anxiety is that the respondent

0″ not be put to any inconvenience on account of the

V delay in fiiing the written statent.

-it

3

4. I therefore allow this petition by setting aside the
order on I.A.No.2 and permitting the petitioner to file the
written statement, but by imposing the cost on The

petitioner shail pay the cost of Rs.1,000/– one

thousand only] to the respondent within

today. f

VGR