M/S BHARAT TIMBER AND CONSTRUCTION CO – Appellant
Versus
SMT. KALAVATI W/O. LATE NARAYANRAO JAHAGIRDAR – Respondent
R.DEVDAS J., (ORAL):
The petitioner who is the plaintiff in O.S.No.67/2007
is before this court aggrieved of the order dated
21.01.2022 passed by the trial court on I.A.No.XI.
2. By the impugned order, the trial court granted
permission to the respondents/defendants to file written
statement. It is not disputed that the said suit filed at the
hands of the petitioner/plaintiff seeking a decree that the
lease period granted in favour of the plaintiff is renewed
by operation of law automatically for a period of 30 years
and for grant of prohibitory injunction against the
defendants restraining them permanently from interfering
with
the
peaceful
possession
and
enjoyment
and
extraction of granite quarrying work and its transportation
was dismissed by the trial court on 26.02.2011. However,
it is the contention of the petitioner that though
opportunity was given to the respondents/defendants,
they did not file written statement. However, on
- 4 -
05.09.2009, the Power of Attorney Holder of the
defendants/respondents filed a compromise petition under
Order XXIII Rule 3 read with Section 151 of CPC signed by
the petitioner/plaintiff and Power of Attorney Holder of the
defendants/respon
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