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2022 Supreme(Kar) 622

ASHOK S. KINAGI
Mohammed Abdul Basith – Appellant
Versus
W. S. rahman – Respondent


Advocates appeared:
H.V.Manjunatha, Advocate, A.Kumaravel, Advocate

JUDGMENT

1. The petitioner being aggrieved by the order dtd. 2/9/2021 passed on I.A.Nos.3 and 4 in O.S.No.6780/2014 by the VII Additional City Civil Judge, Bengaluru (CCH-19), has filed this writ petition.

2. Brief facts leading rise to filing of this petition are as under:

    The respondent has filed a suit in O.S.No.6780/2014 seeking for the relief of specific performance of contract. In the said suit, summons was issued by the Trial Court to the petitioner. The petitioner has refused to receive the summons. The Trial Court has placed the petitioner as exparte vide order dtd. 20/9/2014. The petitioner thereafter filed an application to set aside the exparte order dtd. 20/9/2014 and also sought for permission to file written statement and also filed an application to reopen the case. The Trial Court vide order dtd. 2/9/2021, has rejected the said applications. Hence, the petitioner has filed this writ petition.

    3. Heard learned counsel for the petitioner and learned counsel for respondent.

    4. Learned counsel for the petitioner submits that the Trial Court has committed an error in passing the impugned order. If the petitioner is permitted to participate in the proceedings, no injustice

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