In the High Court of Karnataka Circuit Bench at Dharwad

: 1 : IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 3 rd DAY OF JANUARY 2013 BEFORE THE HON’BLE MR.JUSTICE SUBHASH B. ADI WRIT PETITION NOs.61920/2011-61922/2011(GM-CPC) BETWEEN: 1. JUDICIAL EMPLOYEES CO-OP. HOUSING SOCIETY LTD., REP. BY ITS CHAIRMAN FAIZ AHMED S/O MOHAMMADGOUSE SHAIKH, R/O: AKSHYA PARK, GOKUL ROAD, HUBLI. 2. FAIZ AHMED SHAIKH S/O MOHAMMADGOUSE SHAIKH, AGE: ABOUT: 60 YEARS, OCC: RETIRED SERVICE & CHAIRMAN, JUDICIAL EMPLOYEES, CO-OP, HOUSING SOCIETY LTD., R/O: F BLOCK, FLOOT NO.1, IST FLOOR, AKSHAYA PARK, GOKUL ROAD, HUBLI. 3. THE SECRETARY JUDICIAL EMPLOYEES CO-OP HOUSING SOCIETY LTD., HUBLI. PETITIONERS (By Sri SURESH N KINI, ADV.) AND 1. M%S KIRAN KRISHNA REAL ESTATE & CONSTRUCTION PVT LTD., BY ITS MANAGING DIRECTOR, VALLABHANENI KRISHNAPRASAD S/O LATE PADDAIAH, : 2 : R/O: 50-40-13/A TPT, COLONY, SEETHAMMADHARA, VISAKHAPATNAM13 AP. BY ITS BRANCH OFFICE # 8-130 II FLOOR, LAXMI COMPLEX, NEELIGIN ROAD, HUBLI, REPRESENTED BY ITS POWER OF POWER OF ATTORNEY SRI. M. MALLESHAPPA, S/O BASANNA, R/O HOSPET. 2. THE DEPUTY COMMISSIONER, DHARWAD. 3. THE DEPUTY REGISTRAR OF CO-OP SOCIETY DHARWAD. 4. SHIVAPPA S/O KARIBASAPPA KARADIGUDDA AGE: 60 YEARS, OCC: AGRICULTURE, R/O: GANGAVATHI, TQ: HUBLI, DIST: DHARWAD. 5. BASAWWA W/O KARIYAPPA KARADIGUDDA AGE: 46 YEARS, OCC: HOUSEHOLD, R/O: GAMANAGATTI, TQ: HUBLI, DIST: DHARWAD. 6. CHANNAPPA S/O KARIYAPPA KARADIGUDDA AGE: 30 YEARS, OCC: AGRICULTURE, R/O: GAMANAGATTI, TQ: HUBLI, DIST: DHARWAD. 7. IRAPANNA S/O KARIYAPPA KARADIGUDDA AGE: 28 YEARS, OCC: AGRICULTURE, R/O: GAMANAGATTI, TQ: HUBLI. DIST: DHARWAD. 8. IRANNA S/O KARIYAPPA KARADIGUDDA AGE: 24 YEARS, OCC: AGRICULTURE, R/O: GAMANAGATTI, TQ: HUBLI. DIST: DHARWAD. 9. GURAPPA S/O KARIBASAPPA KARADIGUDDA AGE: 55 YEARS, OCC: AGRICULTURE, R/O: GAMANAGATTI, TQ: HUBLI. : 3 : DIST: DHARWAD. 10. GANGAPPA S/O KARIBASAPPA KARADIGUDDA AGE: 51 YEARS, OCC: AGRICULTURE, R/O: GAMANAGATTI, TQ: HUBLI. DIST: DHARWAD. ... RESPONDENTS (By Smt K. VIDYAVAT, AGA FOR R2 AND R3. R1, R2, R4, R5, R7- R10 ARE SERVED) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH IMPUGNED ORDER DATED:09/03/2010 PASSED BY THE COURT OF PRINCIPAL CIVIL JUDGE (SR.DN.), HUBLI IN O.S.NO.367/2006 PRODUCED HEREWITH AND MARKED AT ANNEXURE-C AND ETC. THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Learned Additional Government Advocate is directed to take notice for respondent No.2. 2. Though contesting respondent No.1/plaintiff is served, has remained unrepresented. 3. Petitioners/defendants 1 to 3 have sought for setting aside the order dated 09/03/2010, 22/02/2011 and : 4 : 05/02/2011 in O.S.No.367/2006 on the file of Principal Civil Judge(Senior Division), Hubli. 4. Suit was referred for mediation. It appears that the petitioners/defendants 1 t o3 were not present on the date for reporting settlement. As such, the learned trial Judge by order dated 09/03/2010 struck down the defence of the defendants only on the ground that the advocate for defendants was absent to say on the point of settlement. Hence, an application in I.A.No.15 was filed for setting aside the order dated 09.03.2010. The said application was dismissed for default by order dated 22/01/2011 and another application in I.A.No.16 was filed to recall the order dated 22/01/2011. The said application was also dismissed by order dated 05/02/2011. 5. Since, striking down the defence only on the ground of not making statement on the settlement, being perverse and contrary, required to be set aside. The application filed in I.A.No.15 was dismissed for default, : 5 : learned counsel for the petitioners submits that on 22/01/2011, as a strike was called for by the political party, the counsel could not be present on the said day and affidavit was filed to that effect along with I.A.No.16. 6. Considering the cause shown, in the interest of just, the orders dated 09/03/2010, 22/01/2011 and 05/02/2011 in O.S.No.367/2006 passed by Principal Civil Judge(Senior Division), Hubli are hereby set aside. Petitions are allowed. The trial Court is directed to proceed with the matter from the stage where it has stopped i.e., from the stage dated 09/03/2010. However, petitioners shall pay cost of Rs.3,000/-(Rupees Three Thousand only) to the plaintiffs. SD/- JUDGE kmv.

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