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KARNATAKA HIGH COURT
C.M. POONACHA, J
SMT. VENKATAMMA, D/O. MUNIYAPPA, W/O. LATE SHAMBAIAH – Appellant
Versus
SRI. T. MUNIYAPPA S/O. LATE THIMMARAYAPPA, DEAD BY LR'S by NIRMALA DEVI – Respondent
| Table of Content |
|---|
| 1. defendant's challenge of ex parte order (Para 1 , 2) |
| 2. discussion on applications and reasoning (Para 3 , 4) |
| 3. court's observations on procedural fairness (Para 5) |
| 4. final order allowing contest on merits (Para 6) |
ORAL ORDER
1. The present writ petition is filed by defendant No.1 challenging the order dated 02.12.2024 dismissing I.A.Nos.46 and 47 in O.S.No.687/2011 on the file of the Senior Civil Judge, Malur.
2. The respondent Nos.1 to 3 / plaintiffs filed O.S.No.687/2011 for partition and separate possession. The petitioner was arrayed as defendant No.1 in the said suit. Notice of the suit was served on the petitioner / defendant No.1 and she was placed exparte in the suit on 16.01.2012. Subsequently, the petitioner filed I.A.No.46 under Order IX Rule 7 r/w Section 151 of CPC., to set-aside the exparte order and I.A.No.47 seeking permission to file the written statement. The Trial Court by the said order dated 02.12.2024 dismissed I.A.Nos.46 and 47 on cost of Rs.500/- each. Being aggrieved, the present writ petition is filed.
3. Heard the submissions of the learned senior counsel Sri.Vigneshwara Shastri appearing along with learned counsel Smt.Aishwarya Hege M.V,
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