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2015 Supreme(Kar) 497

A.V.CHANDRASHEKARA
S. Shashikala – Appellant
Versus
Mark Gomez – Respondent


Advocate Appeared:
For the Petitioner:Miss Divya Krishna, M/s. Shivan & Shivan, Advocates.
For the Respondent:Miss. P.C. Sunitha, Advocate.

ORDER

1. The present petitions are filed under Article 227 of Constitution of India challenging the common order dated 9.1.2015 passed by the Court of Prl. Civil Judge (Senior Division), Bangalore in Execution Petition No. 65 of 2010 arising out of the judgment and decree passed in O.S. 674 of 2008.

2. The respondent No. 1 herein is the GPA holder of Smt. Ursila, Sri. Marcose, Sri. John Jeffry and Sri. Keny. Respondent No. 2, Sri. N.H. Krishnamurthy is the applicant in Ex.Pn.65 of 2010 and he had filed 3 applications (1) I.A.1 filed under Order 1 Rule 10(2) of CPC read with Order 21 Rule 97 of CPC to implead himself as an additional decree holder (DHR) (2) I.A.2 filed under Order 16 Rule 1(a) of CPC for permission to furnish the list of witnesses and (3) I.A.4 filed under Section 146 and under Order 21 Rule 16 of CPC to include himself as an additional DHR to contest the case. I.A.3 has been filed by the DHR under Section 151 of CPC to reject the I.A.1 filed Order 1 Rule 10(2) of CPC read with Order 21 Rule 97 of CPC by the applicant.

3. All these applications have been considered together and common order is passed on 9.1.2015 rejecting I.A.3 and allowing I.As.1, 2 and 4. Being ag





























































































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