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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S VISHWAJITH SHETTY
Chennaveerappa A. M., S/o. late mahadevappa – Appellant
Versus
Jayamma A. C., W/o. Late Chandrappa A. – Respondent
ORDER :
S.VISHWAJITH SHETTY, J.
1. The plaintiff is before this Court in this writ petition filed under Article 227 of the Constitution of India, assailing the Order dated 06.01.2024 passed in O.S.No.157/2024 by the XII Additional City Civil and Sessions Judge, Bangalore.
2. Learned counsel for the petitioner submits that the defendants in O.S.No.157/2024 have already entered appearance and they have filed their written statements as well as objections to I.A.No.1 filed on behalf of the plaintiff under Order 39 Rule 1 and 2 of CPC. He submits that therefore this writ petition may be disposed of by directing the trial Court to consider I.A.No.1 on its merits and dispose of the same within a time frame.
3. The trial Court vide the order impugned has observed that the prayer made in I.A.No.1 filed in O.S.No.157/2024 could be considered after notice is served on the defendants.
4. Learned counsel for the petitioner has now made a submission that all the defendants are served and they have already filed written statements as well as objections to I.A.No.1. Under the circumstances, I am of the opinion that there is no impediment for disposing of this writ petition as prayed for by the petiti
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