ORAL ORDER

This petition by the respondent No.1 in Misc.No.1142/2023 is directed against the impugned order dated 01.03.2025 passed by the VIII Additional City Civil and Sessions Judge, Bengaluru, whereby the memo filed by the petitioner for a direction to the trial Court to conduct enquiry on the delay application before proceeding to conduct enquiry on the merits of the miscellaneous petition was rejected by the trial Court.

2. Heard learned counsel for the petitioner and learned counsel for the respondent No.1 and perused the material on record.

3. A perusal of the material law on record will indicate that the petitioner and respondent No.3 herein instituted a suit in O.S.No.528/2017 against the respondent Nos.1 and 2 for declaration, injunction and possession in relation to the suit schedule immovable property. In the said suit, the respondent Nos.1 and 2 - defendants were placed ex-parte and the suit culminated in a judgment and decree dated 01.02.2020 decreeing the suit in favour of the plaintif