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2002 Supreme(Kar) 768

LAKSHAMMA – Appellant
Versus
RIYAZ KHAN – Respondent


( 1 ) PETITIONERS represented by their power of attorney holder who are some of defendants in Original Suit have filed this writ petition questioning the correctness of the order dated 2. 11. 2002 passed by the V Addl. City Civil Judge in OS 6674/98 produced at Annexure-E to the petition and sought for issuance of a writ of certiorari to quash the same urging various facts and legal contentions.

( 2 ) THE brief facts are stated for the purpose of considering and answering the rival legal submissions made on behalf of the parties. Respondents 1 to 4 herein have filed suit for permanent injunction on the basis of the alleged agreement of sale dated 28. 2. 1997 said to have been executed by one Mr. Khasim Khan and children. In the said original suit written statement was filed by the petitioners disputing the genuiness of the documents and further contended that they have been in possession and enjoyment of the property bearing Sy. No. 21 of Devarajeevanahalli measuring 2 acres 28 guntas as absolute owners as they have obtained registered sale deed dated 12. 3. 1999 in their favour through the Court on the strength of the Decree obtained by them in OS 21/97 suit for specific performan















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