Karnataka High Court
Sri.Adiveppa S/O Kedarepa Butali vs Smt.Vatasala W/O Vasant Madar on 22 November, 2023
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NC: 2023:KHC-D:13619
WP No. 103768 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 22ND DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 103768 OF 2018 (GM-CPC)
BETWEEN:
SRI. ADIVEPPA
S/O. KEDAREPPA BUTALI,
AGE: 61 YEARS,
OCC: AGRICULTURE,
R/O: ATHANI, TQ: ATHANI,
DIST: BELAGAVI.
...PETITIONER
(BY SRI. M. C. HUKKERI, ADVOCATE)
AND:
1. SMT. VATASALA
W/O. VASANT MADAR,
AGE: 45 YEARS,
GIRIJA A OCC: HOUSEHOLD WORK,
BYAHATTI
R/O: CHARAMALAYA ROAD
Digitally ATHANI, TQ: ATHANI,
signed by DIST: BELAGAVI.
GIRIJA A
BYAHATTI
2. SMT. SHRIDEVI
W/O. PARASURAM HOLIKATTI,
AGE: 29 YEARS,
OCC: HOUSEHOLD WORK,
R/O: MALI GALLI,
CHARAMALAYA ROAD, ATHANI,
TQ: ATHANI, DIST: BELAGAVI.
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NC: 2023:KHC-D:13619
WP No. 103768 of 2018
3. SRI SHANKAR
S/O. VASANT MADAR,
AGE: 28 YEARS,
OCC: AGRICULTURE,
R/O: CHARAMALAYA ROAD
ATHANI, TQ: ATHANI, DIST: BELAGAVI.
4. SRI PARASURAM
S/O. VASANT MADAR,
AGE: 27 YEARS,
OCC: AGRICULTURE,
R/O: CHARAMALAYA ROAD
ATHANI, TQ: ATHANI,
DIST: BELAGAVI.
5. SRI MALLIKARJUN
S/O. BASAPPA @ BASTEPPA HALLADAMAL,
AGE: 27 YEARS,
OCC: AGRICULTURE,
R/O: GARDEN AREA,
NEAR REDDI CIRCLE,
NANDAGANV ROAD,
TQ: ATHANI, DIST: BELAGAVI.
...RESPONDENTS
(BY SRI SHIVARAJ S. BALLLI, ADV. FOR R1 TO R4;
SRI CHETAN MUNNOLI, ADV. FOR R5)
---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF
CERTIORARI, OR ANY SUCH OTHER WRIT OR DIRECTION TO
QUASH THE IMPUGNED ORDER PASSED ON I.A.NO.5 ON
03.04.2018 BY THE I ADDITIONAL CIVIL JUDGE AND JMFC, ATHANI
IN O.S.NO.990/2016 VIDE ANNEXURE-D.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 103768 of 2018
ORDER
The petitioner is the plaintiff in O.S.No.990/2016 and
respondent No.5 is the defendant No.5 in the said suit.
2. It is submitted by the advocate for the petitioner and
respondent No.5 that the main lis is between petitioner and
respondent No.5. When O.S.No.990/2016 was posted for
judgment by the trial Court, respondent No.5 herein sought
permission to file written statement. The same was accepted by the
trial Court. Aggrieved by the same, the present writ petition is filed.
3. The case of the petitioner is that, deliberately
respondent No.5 did not file his written statement within the time
stipulated and the trial Court should not have granted any time.
However, perusal of the record shows that, the trial Court has
exercised its discretion in favour of respondent No.5, because he
was suffering from severe arthritis and was unable to file written
statement within time.
4. Under the peculiar facts and circumstances of the
case, in the interest of justice, I am of the opinion, it is not a fit case
to interfere with the order passed by the trial Court. However,
NC: 2023:KHC-D:13619
admittedly, there has been lot of delay on the part of respondent
No.5 in filing the written statement, for which he is liable to pay
some cost. Hence the following:
ORDER
i. Writ petition is dismissed.
ii. However, respondent No.5 shall pay a cost of
Rs.5,000/- (Rupees Five Thousand Only) to the
petitioner on or before the next date of hearing,
before the trial Court.
Sd/-
JUDGE
gab
Ct-mck
