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2010 Supreme(Kar) 794

ARAVIND KUMAR
G. Raghavendra – Appellant
Versus
C. Harish – Respondent


Advocates Appeared:
For the Petitioner:B.V. Shankaranarayana Rao, Advocate.
For the Respondent:N.R. Naik, Advocate.

Judgment

Aravind Kumar, J:

Order dated 5-10-2009 Passed by the XLIII Additional City Civil Judge, Bangalore in O.S.No.7545/2006 holding that agreement to sell produced by the defendant as admissible in evidence and the power of attorney dated 25-5-1995 ordered for being impounded are impugned in these writ petitions.

2. The facts in nutshell are as follows:

2.1. A suit in O.S.No.7545/2006 was filed by one Sri. Raghavendra against Sri. C. Harish and three others for permanent injunction in respect of two items of the property which had been described in the plaint schedule as item No.1 and item No.2. Respondents 1 to 3 (in W.P.No.33130/2009) and 1 and 2 (in W.P.No.33131/2009) filed two suits in O.S.No.8242/2006 and 8243/2006 against the petitioners herein and respondents 10 and 11 alleging that sites formed in the lands (suit schedule properties in O.S.No.7545/2006) had been purchased by them and on account of alleged interference they sought for permanent injunction. These three suits were clubbed together by order dated 1-4-2008 and after framing of the issues trial had commenced.

2.2. During the course of defendants’ evidence the first respondent herein who had been examined as D
















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