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2014 Supreme(Kar) 875

N.KUMAR
Vasudeva Rao & Sons – Appellant
Versus
Prathiba Devi – Respondent


Advocates Appeared:
For the Appellant : Sri. P.D. Surana, Adv.
For the Respondents: Sri. S. Sriranga, Sr. Adv.

ORDER

N. Kumar, J.

1. These three writ petitions are preferred by the defendants challenging the order passed by the trial Court on an application filed under Order VII Rule 10 CPC for returning the plaint and directing the plaintiffs (three sisters) to present the same before the proper Court.

2. The case of the plaintiffs in all the three suits is that, they are the absolute owners of a portion of the property bearing Original Municipal No. 20, New No. 32, Seshadri Road, Bangalore-560 009 having obtained the same under a registered partition deed dated" 09.02.1977; the portion allotted to the share of each of them has been assigned a new municipal number and the property owned by each of them is as described in the respective plaint schedule.' The first defendant is a partnership firm registered under the provisions of the Partnership Act, 1932 and it is represented by its Managing Partner Sri A Prabhakar Rao, the second defendant. The plaintiffs' leased vacant land to the first defendant firm under a registered lease deed dated 31.07.1978 and the lease was for a duration of 32 years. Under the lease deed, the first defendant was permitted to construct as one composite unit, multist













































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