The Commissioner Bangalore Development Authority Kumara park west, Bangalore-560020 and The Assistant Executive Engineer (West) Ward Office, Vijayanagara B.D.A. Bangalore vs Narayana Dead by L.Rs. (Smt Prema and Anantha, Gita Deevi and Others

Hon''ble Mrs. Justice B.V. Nagarathna

Though this writ petition is posted for orders, it is taken up for final hearing.

In this writ petition, the petitioners Bangalore Development. Authority has assailed the order dated 21.6.2010, passed on an application filed u/s 151 of CPC, seeking permission, to file written statement. By the said order, the application, has been rejected. It is against the said order that this writ petition has been filed.

I have heard the learned counsel for the petitioners. The respondents, though served, are not represented. Perused the material on record.

The respondents herein have filed the suit seeking the relief of permanent injunction against the petitioners herein. The petitioners herein, as defendants, did not file written statement within the period prescribed under Order 8 Rule 1 of the CPC. Under the circumstances, an application was filed on 4.11.2003 seeking permission to file written statement. The trial court has noted that the said application is not accompanied by the written statement and therefore, the trial court opined that seeking only permission to file the written statement in the absence of there being any written statement filed, was devoid of any purpose and accordingly, dismissed the application. It is to be noted that the suit is of the year 2001. It is only on 4.11.2003. that, an application was made seeking permission to file the written statement. Neither the written statement accompanied the said application nor was any time frame sought to file the written statement. Under the circumstances, the trial, court was right in rejecting the said application. The said order would, therefore, not call for any interference in this writ petition.

However. Cat petitioners herein are at liberty to file an application seeking fresh permission to file the written statement. It is made clear that the written, statement should accompany the said application. If the same is filed, the trial court to consider the said application in accordance with law, in the result, the writ petition is disposed of with the aforesaid liberty.