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KARNATAKA HIGH COURT
DR. JUSTICE K.MANMADHA RAO, J
SMT VENKATARAMANAMMA W/O LATE A GANGADHRI – Appellant
Versus
SMT S G ESWARAMMA D/O LATE A GANGADHRI – Respondent
| Table of Content |
|---|
| 1. overview of the writ petition and facts of the case. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments presented by the petitioners regarding the delay. (Para 6 , 10) |
| 3. court observations on the application of section 151 cpc. (Para 7 , 8 , 12 , 13 , 14) |
| 4. ratio decidendi concerning the court's discretion in procedural matters. (Para 9) |
| 5. final orders and directions given by the court. (Para 15) |
CAV ORDER
1. The present writ petition is filed seeking to quash the order dated 26.03.2021 on I.A.No.6 in O.S.No.65/2017, on the file of the Senior Civil Judge & JMFC, Gudibande (‘the Trial Court’ for short).
2. The petitioners herein are the defendants No.1 & 2 before the Trial Court, respondent No.1 herein is the plaintiff before the Trial Court and respondent No.2 herein is the defendant No.3 before the Trial Court.
3. The suit was filed by the plaintiff/respondent No.1- Smt. Eswaramma herein for judgment and decree of partition and allotment of the alleged 1/3rd share of the plaintiff in the suit schedule ‘A’ and ‘B’ properties against the defendants/petitioners herein and also the State Bank of India.
4. The brief facts of the case are as follows:-
The plaintiff filed suit seeking par
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