1. The present petition filed in the year 2021 arises out of order dated 27.01.2021 passed by the High Court of Karnataka at Bengaluru in a writ Petition filed in the year 2017.
2. The application for taking on record the written statement filed by one of the respondents herein, in a suit filed in the year 2000 was allowed by the High Court. Since then the trial has not progressed for the reason that one of the respondents herein had also filed a petition seeking permission to file Written Statement/amendment of the Written Statement which was rejected by the Trial Court, and such order came to be affirmed by this Court with the dismissal of the SLP (C) No.15127/2020 vide order dated 08.01.2021 which is extracted as under:
" This special leave petition has been filed against order dated 15.10.2020 passed by the High Court, by which the High Court refused to interfere with the order passed by the First Additional City Civil Judge, Bangalore rejecting the application filed under Order VI Rule 17 of the CPC by the petitioner who was defendant No.3 in the original suit. We see no reason to entertain this special leave petition.
The special leave petition is, accordingly, dismissed. We, however, observe that any observation made in the impugned judgment of the High Court shall not affect the merits of the trial in the suit. It shall be open for the petitioner to request the Trial Court for early disposal of the case.:
3. The dismissal of the SLP was by a combination of three-Judge Bench.
4. Review against the said petition is pending consideration as is evident from the order dated 09.03.2021 passed by yet three Judge Bench of this Court in Review Petition (C) Dy.No.4203/2021 which is extracted as under:
"In view of letter circulated by learned counsel for the petitioner, the matter is adjourned.
List the matter after the decision in SLP (C) Diary No.6245 of 2021 titled P.Ramprasad V. P.Anitha & Ors."
5. In the interregnum, another defendant filed an application for filing Written Statement which was allowed by the Trial Court and such order affirmed by the High Court, now subject matter of the present special leave petition.
6. Today an objection is raised by one of the respondents that the instant petition be not heard till such time a decision is taken in the review petition (C) Dy.No.4203/2021.
7. We notice that the said review petition is pending before a three-judge Bench. Ordinarily, we would have proceeded with the matter but however noticing the fact that the original SLP was dismissed by a three-judge Bench and the review petition was also initially taken up by the very same three-judge Bench, in the interest of justice, we adjourn the matter with the direction to the Registry to immediately take steps for having the review petition (C) Dy.No.4203/2021 listed before the appropriate Bench in terms of the Rules.
8. Let the Registry take appropriate steps for listing the Review Petition as also the instant petition before the appropriate Bench after obtaining instructions from Hon'ble the Chief Justice of India.
9. At this stage, learned counsel for the parties submit that they have no objection if the said review petition is also heard by a two-judge Bench alongwith the present petition.




