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1994 Supreme(Kar) 352

M.M.MIRDHE
UTTARADHIMATH – Appellant
Versus
RAGHAVENDRA SWAMY MATH – Respondent


Advocates:
H.B.DATAR, S.G.SUNDARA SWAMY

M. M. MIRDHE, J.

( 1 ) THIS Civil Revision Petition is filed by the petitioner who was the plaintiff in the Trial Court against the order dated 10-12-1993 passed by the Assistant Sessions Judge, Koppal, in m. A. No. 8 of 1993 allowing the appeal and setting aside the order dated 30-3-1993 passed by the Munsiff, Koppal, in O. S. No. 193 of 1992 allowing I. A. Nos. II and III filed by the petitioner under Order 39, Rules 1 and 2, Civil Procedure Code.

( 2 ) AFTER hearing both sides, the revision petition is admitted. Learned Counsel for the petitioner Sri H. B. Datar and the learned Counsel for the respondent Sri S. G. Sundaraswamy submitted that in view of the fact that the Aradhana is to take place on 1st, 2nd and 3rd December, 1994, the revision petition itself may be heard. In view of this submission made by the learned Counsel for both sides, I have heard this petition on merits.

( 3 ) THE petitioner has filed a suit against the respondent for permanent injunction restraining the respondent from interfering with the possession and enjoyment of the plaintiff of the land called "nava Vrindhavana Gaddi" bearing Sy. No. 192 situated at Anegundi village in Gangavathi Taluk. It also fi















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