MOHAMED ANWAR
HANUMANTHAPPA – Appellant
Versus
CHANDRASHEKARAPPA – Respondent
( 1 ) THE PETITIONERS HEREIN WERE THE DEFENDANTS IN ORIGINAL SUIT NO. 10 OF 1995 IN THE COURT OF THE I ADDITIONAL CIVIL JUDGE AND C. J. M. AT DHARWAD AND THE RESPONDENTS WERE THE PLAINTIFFS THEREIN.
( 2 ) THE FACTS GIVING RISE TO THIS REVISION ARE AS UNDER: INITIALLY, THE PLAINTIFFS HAD FILED THEIR SUIT AGAINST PETITIONERS in THE COURT OF THE MUNSIFF AT NAVALGUND WHICH WAS REGISTERED in ORIGINAL SUIT NO. 158 OF 1994 ON ITS FILE. THAT SUIT WAS FILED for THE RELIEFS OF DECLARATION AND PERMANENT INJUNCTION AGAINST defendants. A PRELIMINARY ISSUE HAD ARISEN FROM THE RESPECTIVE pleadings OF THE PARTIES IN REGARD TO PECUNIARY JURISDICTION OF THE munsiff COURT AT NAVALGUND TO TRY THE SAID SUIT. THAT ISSUE WAS tried BY THE LEARNED MUNSIFF AND HIS FINDING THEREON WAS recorded BY HIS ORDER DATED 23-1-1995 HOLDING THAT THE SUBJECT matter OF THE SUIT EXCEEDED THE LIMITS OF ITS PECUNIARY jurisdiction. ACCORDINGLY, HE ORDERED RETURN OF THE PLAINT TO THE petitioner UNDER ORDER 7, RULE 10, CIVIL PROCEDURE CODE FOR presentation IN PROPER COURT VIZ. COURT OF THE CIVIL JUDGE AT dharwad.
( 3 ) ON THE SAID ORDER OF THE MUNSIFF COURT AT NAVALGUND, THE PLAINT WAS TAKEN OUT BY THE PLAINTI
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