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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

These petitions arise out of a common order passed by the concerned Court in Commercial O.S.No.137/2024 dated 21.04.2025 and O.S.No.138/2024 dated 25.11.2024, by which the filing of the written statement along with the counter claim by the defendant comes to be rejected on the score that it is filed after the period of limitation getting over i.e., beyond 120 days.

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

3. The issue need not detain this Court for long or delve deep into the matter, as this Court in WP.No.34745/2024 disposed on 04.06.2025, while considering the very issue, has held as follows:

"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.

9. The application is filed under Order VIII Rule 1 read with Section 151 of the CPC. Ord

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