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Judgment
B. Sreenivase Gowda
This appeal is by the defendants challenging the judgment and decree of the trial court decreeing the suit of the plaintiff and granting permanent injunction restraining the defendants from interfering with the plaintiffs peaceful possession and enjoyment of the suit property without due process of law.
Learned counsel for the appellants submits that the appellants were the defendants in the suit and after they filing written statement in the suit of the plaintiff, there has been change in the panel of Advocates of B.B.M.P. and this case came to be entrusted to their present counsel who represents them in the appeal and they could not lead their evidence as there was death taken place in the family of their present counsel. Learned Counsel submits, there are similar suits filed by different persons against the B.B.M.P. almost on similar cause of action and they are pending before the trial court and therefore he prays for allowing the appeal and setting aside the judgment and decree of the trial court in order to give an opportunity to the appellants to contest the suit of the plaintiff and have decision on merits.
Whereas, learned counsel appearing for the plaintiff-respondent herein does not dispute the fact of filing of similar suits by the persons similarly situated like the plaintiff in the present appeal and pendency of the said suits before the trial court.
Considering that there are number of suits filed by different persons similarly situated like that of the plaintiff and they are pending for trial before the trial court, I deem it just and proper to allow this appeal by setting aside the judgment and decree of the trial court and remand the matter to the trial court with a direction to dispose of the suit after giving opportunity to the defendant and in accordance with law.
Accordingly the appeal is allowed. The judgment and decree of the trial court is set aside. The matter is remitted to the trial court with a direction to dispose of the suit after providing an opportunity to both the parties and in accordance with law from the stage of cross examination of the plaintiff and his witnesses.
As parties are represented in the appeal, they are directed to keep themselves present before the trial court on 12.1.2012 without waiting for any notice from the trial court.