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2025 Supreme(Online)(Kar) 18257

KARNATAKA HIGH COURT
M. NAGAPRASANNA, J
MR. PRASAD KUMAR – Appellant
Versus
MRS. B. SHYAMALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI. G. RAVISHANKAR SHASTRY, SRI. Y. RAJENDRA PRASAD SHETTY
For the Respondents: M. JANARDHANA POOJARY

Table of Content
1. challenge to dismissal of written statement. (Para 1 , 2)
2. overview of hearing and legal representation. (Para 3)
3. outcome of petitions. (Para 4)

ORAL ORDER

2. Heard Shri G. Ravishankar Shastry, learned counsel for Shri Y. Rajendra Prasad Shetty, learned counsel appearing for the petitioners.

"8. The afore-narrated facts are not in dispute. The link in the chain of events is a matter of record. The issue is, whether the order of the concerned Court rejecting the HC-KAR application filed by the defendants is tenable or otherwise.

ORDER VIII [WRITTEN STATEMENT, SET-OFF AND COUNTER-CLAIM]

Provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the written statement on such other day, as may be specified by the court, for reasons to be recorded in writing and on payment of such costs as the court deems fit, but which shall not be later than one hundred twenty days from the date of service of summons and on expiry of one hundred twenty days from the date of service of summons, the defendant shall forfeit the right to file the written statement and the court shall not allow the written state

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