HANUMANTHA REDDY Vs. K. RAGHAVA REDDY

JUDGEMENT

(1.) The respondent Nos.1 to 7 are the petitioners and respondent Nos.8 to 11 are the defendants in O.S.No.234/2006 on the file of Civil Judge (Sr.Dn.), K.G.F. The suit was filed on 26.10.2006 to pass judgment and decree of partition and separate possession. The defendants 1 and 6 filed written statement on 12.04.2007. Issues were raised based on the pleadings. PWs.1 to 3 deposed between 21.02.2009 to 28.07.2009. For the defendants, their GPA holder was examined on 21.08.2009. The plaintiffs filed I.A.7, under Order 6 Rule 17 of CPC on 23.10.2009 and the same was rejected by a order dated 02.03.2010, which was questioned in W.P.No.18453/2010 and the said petition was allowed on 31.08.2010, with a direction to the Trial Court to expedite the trial and decide the case before 18.12.2010.

(2.) The defendant No.4 filed an I.A. on 09.12.2010, seeking permission to file written statement, with which, his written statement was also filed. The defendants 1 and 6 filed objections to the application seeking permission to file the written statement, by condonation of delay. Said application was allowed on 07.01.2011, subject to payment of cost of Rs. 4,000/- on or before 17.01.2011. The defendant No.4 filed an application on 17.01.2011 seeking permission to deposit the costs.

(3.) Sri. M.B. Chandra Chooda, learned advocate appearing for the petitioners contended that the Trial Court has committed material error and irregularity in allowing the application and granting permission for filing of the written statement on 09.12.2010, though suit summon was served on 31.01.2011 and the defendants 1 and 4 were represented by an advocate and the written statement was not filed even after lapse of 4 years. He submitted that the major part of trial of the suit being complete, the application accompanied by the written statement having been filed belatedly, without any explanation for the inordinate delay of more than 4 years, despite the order passed in W.P.No.18453/2010 directing the Trial Court to decide the suit before 18.12.2010, the Trial Court is not justified in allowing the application.