7._frHE CONSTFFUTION OF INDIA, PRAYING TO QUASH THE
_ 'QRDE1:z'=--:)*r. 7312.200? PASSED BY THE PCJ (SR.DN.) IN
s.'1~:1o.3 15/2004 VIDE ANNEx.c.
VT " court: made the following:
11 KUMAR JAGADISH
S/O SOMASHEKAR UNKAL@ KORLAHA-LL1_j'~., »
AGED ABOUT 18 YEARS, .
occ; STUDENT,
R/O BARDAN GALLI HUBLI.
:2 sum SHIVAPPA
s/0 FAKEERAPPA UNKAL KQRLAHALLI
AGED ABOUT 75 EKEARS3--------- _
occ; BUSINESS,' 5
R/O MATTI omH1'R'EPE*:;~{e.cHAw_L.V _
GANESH PETH HUV13_L'i.._ I '
13 SHRIlSEiW.€$_I?APP.A =: A
S] 0 E'AK~EERA--PPA_UNKALI<I()RLAHALLl
AGEL" ABm_rre:3.YE1:é.Rs,VA.»-- * "
OCQ; B:._Js':fi.§,jss,.,_"' _ * "
:::;omAf:fr: 03¢: HEREPETHVVCHAWL
GfiNESHVF'1E?TB"HUvBL!.._
14 SHRILGANGADHAR '
S/O FAKEERAPPA UNKAL @ KORLAHALLI
; 'AGED ABQU1' 60 'YEARS,
._f '~"«:.o§:__: (:; BUSINESS,-
, R/0 MMTI om HIREPETH CHAWL
(:;A,NE:sH"1PE'rH HUBLI. RESPONDENTS
. V ‘ ;_ Sri.V KULKARNI FOR R1-6)
mis-w.P. IS FILE!) UNDER ARTICLE 225 85 227 op’
This WP. coming on for Preliminary hearing this day,
L1/\
but, they have not filed their written _
52007 and therefore, they have * V.
praying to permit them in file
the trial Court has Iejectedihe a1:V)’p3;i,'(ia,tVi
gound that the written smtexeefit has beyond
90 days and cannot be
sustained in law. vHe tfie.t”.the suit is for
partition emf}. 44 Wtifiggets if; LRs., of the
{hey are not permitted
to f11e:\._the’ it will result in great
injustice éind’the1*efeéje,.fitE2ey may be permitted to file the
_ é steteee’em;., H MMMMM ” A
‘A this, the learned counsel for the
eeseeeeeee to 6 submitted that though the
V –V fiave appeared before the Court on 1-8-2095,
H K x V Lt:I;e_y_}1.eiie not filed their Written statement ti}! 28.2.2007
–‘ only on that day they have filed an application
” permission of the Court in file the Written
ll?/-.
‘-.No.7:1;f’ ;,.érr2ey hsv(锑siibsistir1g interest in the property.
have appeared before the Court: on 1-8»–
time but the fact remains that they are the
of the deceased defendant No.1 and they have
_,,sr:1bsisting interest in the property and the suit is for
4w«’*°!5D'”?:, v
statement andlgzhe trial Court has righdfyfl the, _A
application and hence, the impugned (.i.’.’T_(iIf3_I’ <ieess'3_;gt'*c;;1}".
for interference. b _ A _ A ' V
6. I have carefully’
made by the learned cz;~1;f1s¢3″fOr.
7. The point is,
Whether ‘lgthc .s …9.I’dsr calls for
interferencis? ” ‘ V. J ‘ ‘
Iztfit’-*;*’,””t’.i41<=: suit is for partition
and ssfsxafate' $11!? suit schedule properties.
The pstifisflags of the deceased defendant
have not filed their written statement
L/d
partition. It is also stated in the petition
is just to begin. In View of my' ._ct:nsid§§fe¢§.
the petitioners can be penniued. _ 'file fiiair
statement, subject to paymeiitcost.
9. Accordingly; and the
impugned oIfi¢r pasS¢€i’ is hereby set-
aside ands. to file their
written from the date of
receipfigf-g ‘«:n ‘dbr, subject to payment of
cost of R5; ” ‘
Sd/–‘g
Judge
B ss’.”‘ A
Gsm.