B. Veerappa, J.

1. This is a defendant's writ petition against the order dated 15-7-2016 in O.S. No. 290 of 2013 on I.A. No. 4 on the file of Civil Judge and Judicial Magistrate First Class at Periyapatna, rejecting the application filed by the defendant seeking permission to file written statement.

2. The respondent-plaintiff filed a suit for specific performance of contract to enforce the agreement dated 27-6-2009 contending that the defendant had executed an agreement of sale in respect of the suit schedule property for a total sale consideration of Rs. 2,70,000/- and has received advance of Rs. 2,05,000/- and the balance amount of Rs. 65,000/- was to be paid at the time of registration of the sale deed. In spite of repeated requests, he has not bothered to execute the sale deed and hence the plaintiff has filed the said suit.

3. The suit was filed on 21-10-2013 and the defendant appeared before the Trial Court on 18-11-2013 and filed an application seeking permission to file written statement. The said application was allowed and time was granted till 5-12-2013 to file the written statement, but the defendant failed to file the same within the time stipulated. Thereafter, t