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2006 Supreme(Kar) 714

V.G.SABHAHIT
RAMA MURTHY IYYAKANNU MUDALIAR MAJOR AND RAVICHANDRAN RAMA – Appellant
Versus
H. S. GOUTHAM SHANTHILAL MAJOR AND H. M. RAVEENDRA KUMAR – Respondent


V. G. SABHAHIT, J.

( 1 ) THESE three cases are disposed of by this common order as they arise out of the same proceedings and involve common question of law and foot and to avoid repetition.

( 2 ) RFA. No. 274/2001 is filed being aggrieved by the order and decree dated 1. 6. 95 passed by the court of XV Addl. City Civil Judge, Bangalore in O. S. No. 3376/95. MFA. No. 3934/2000 is filed being aggrieved by the order dated 30. 10. 99 rejecting the application. A. IV filed by the petitioner-appellant under Order 21 Rule 90 r/w. 47 and Section 151 CPC. , in Execution Case no. 232/96 on the file of XIX Addl. City Civil Judge and CRP. No. 3297/2000 is filed being aggrieved by the order passed by the Court of XV Addl. City Civil Judge dated 3. 3. 98 on. A.. 2. The essential foots of the case leading upto these appeals and revision with reference to the rank of the parties before the trial court are as follows: o. S. No. 3376/95 was filed by Sr. H. S. Goutham S/o. late Sr. Shanthilal against defendants 1 and 2 seeking for recovery of Rs. 2,50,000/- together with court costs and current interest at 21% from the date of suit (30. 5. 95) to the date of payment. The plaint was presented befor























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