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2002 Supreme(Kar) 456

K.L.MANJUNATH
RAMACHANDRA – Appellant
Versus
KEMPAMMA – Respondent


Advocates:
T.N.RAGHUPATHY

K. L. MANJUNATH, J.

( 1 ) THIS petition is filed by the petitioner being aggrieved by the rejection of his application filed under Order 41, Rule 5 of CPC in R. A. No. 56/02 on the file of the Civil Judge (Senior Division), Nanjangud, which appeal was filed against the rejection of his application filed under Order 21, Rules 97 to 99 and 101 of CPC in Execution 93/2000, on the file of the Principal Civil Judge (Junior Division), Nanjangud.

( 2 ) THE respondent No. 1 - Kempamma in this revision petition, filed a suit for declaration and for possession in O. S. No. 30-90 on the file of Civil Judge (Junior Division), Nanjuangud, against respondents 2 and 3 herein. The said suit was hotly contested and a decree was passed in favour of the 1st respondent against which, Respondents 2 and 3 filed an appeal before the Civil Judge (Senior Division), Nanjangud in R. A. No. 10/97. The said appeal also came to be dismissed on merits. After the confirmation of the Judgment and Decree passed in O. S. No. 31/90 in R. A. 10/97, respondents 2 and 3 filed a second appeal before this court in R. S. A. No. 829/2000. The second appeal filed by the Respondents 2 and 3 was also dismissed confirming the Ju










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