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2010 Supreme(Kar) 982

A.N.VENUGOPALA GOWDA
Neelakahtapuram Jayaram, Represented by his power of Attorney – Appellant
Versus
N. Gangadhar – Respondent


Advocates Appeared:
For the Petitioner:B.M. Arun, Advocate.
For the Respondents:R1 - S.N. Hegde Kadave, R2 to R4 - N. Krishna Muthy, Advocates.

Judgment :-

1. Petitioner is the plaintiff and the respondent is the 1st defendant in O.S. No.166/04 on the file of the City Civil Court, Bangalore. The prayer in the suit is for declaration that, the alleged lease deed dated 30.4.1997 and an agreement of sale dated 27.06.1997 purported to have been entered into between the defendants in respect of the suit schedule property are fraudulent transactions, outside the scope of the power granted by the plaintiff to the 2nd defendant, vitiated by fraud, null and void and not binding on the plaintiff and to direct the 1st defendant to quit and deliver vacant possession of the suit schedule property and for permanent injunction.

2. The 1st defendant has filed written statement. The 2nd defendant has passed away.

I.A. 9 filed to bring his legal representatives on record has been dismissed. Based on the material pleadings, the issues have been framed. Trial of the suit has taken place. Plaintiff has deposed as PW-1 and his GPA holder as PW-2. the 1st defendant has deposed as DW-1.

3. Plaintiff filed I.A.12 under O 6 R 17 CPC seeking permission of the Court to amend the plaint, i.e., to incorporate the proposed plea and an additional prayer.

































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