1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE Dated thés the ST" Day Of February 2010 ' BEFORE _ __ _ THE HON'BLE MRJUSTICE RAVI MALIMATH :. WRIT PETITION NOHZI747/2008 (OM~;Oé"C,2. 2' I BETWEEN: SHIVALINGAPPA S/0 LATE APPAJAPPA AGEDABOUT63YEARS FVATDOORAVHLAGE JAYAPURA|4OBLL.'g MYSORETALUK. " " a=O', _ ; --- 2 _f-f,EETnTONER [By Sri Tharaarzatha Shetty; Advbgate] 1 MAHAD'E'I?A_PE~A--';--_V ' ._ = S/O LATEA:ARPAJAERA"*-.'I I ' AC3-ED _ABO§JT" 'r EARS, ~- I:/AT DOORA \/14LLAG'E._ JAIIAEIJ RA HO:EvLI,"» _ " MYSOREI TAL_LJ|<..A'-- _ 2 , THE SP"E= BY THE PETITIONER TO TAKE HIS WRITTEN STATEMENT ' ON RECORD. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'S' GROUP THIS DAY, THE COURT MADE THE FOLLOWING: AI OT O R D E R
In the suit of respondent No.1, petitioner sought to
file his written statement. The same was re}ected”b:yi..th-e’
trial Court on the ground of insufficiency of *1′
2. Srifrharanatha Shetty, Iiearn_eld’lV
petitioner contends that the .i_,rnp_ugne’d__oidVer_ ‘and * L’
would have to be set aside.«:..He.””L’su’b»rnits.that substantial
reasons have been give’n’i_n- f’.affi’d:”a$J:_ivt’V:especiaily in view
of the fact tha_tthe.r_e for in order
to settle th
3. VRe_4s”ponVdenVt.:lxloiiiéthough served has remained
~_ unrep resented’. ” . _
A.’-Edi.’RS3.’i%;iJeianumantharayappa, learned High Court
Goxrefninent Pieader appears for respondent No.2 and
subrnitsllthat there is no error committed by the trial Court
uthatflcatis for interference.
5. On hearing the counsels, I’m – of the considered
view that the petition requires to be allowed in as much as
eém
3
there is no sufficient reasons given by the trial Court for
rejecting I.A.No.3 for acceptance of the written staternent.
In support of the said application, the petitioner has’st’a.te~ciVV
that the dispute was sought to be settletl
Panchayath in order to avoid iitigation.___ Th’e”s”arn;Ve ”
failed, he was compeiled to file:”the’_’_’written”
thereafter. The reasons accolrd”e.d_ in the -just r L’
and reasonable and as to why..t.he”vsa’iT.ige couldfioytiibe filed
earlier. By acceptingR”tlh.e~ ‘i,—.;_ri}tAi’an.”‘statement, the legal
rights of the vre:s’ponde’nt”wo;i_l’d«.:n_otif-in,’any manner be
affected.
6. l”-‘o__r” thVé..’aif’oa-estaid reasons, the order dated
l6.v?*.§2€’V)O8 passe-dlbylthe Principal Civil Judge (Sr.Dn.) &
I.A.No.III is set aside.
H ~. aliowed subject to payment of costs of a
g sun; o.f””VRs.’1£,OOO/~ to respondent No.1/plaintiff before the
“..]..triail-._Court by the next date of hearing.
if Writ Petition is disposed off accordingly.
std/-i-Lg
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