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2015 Supreme(Kar) 592

A.N.VENUGOPALA GOWDA
PUSHPAREKHA – Appellant
Versus
ABHIRAMI SRIKANTH – Respondent


Advocates Appeared:
For the Petitioner: SRI D.PRABHAKAR, ADV.
For the Respondent: SRI Y.K. NARAYANA SHARMA, ADV. FOR R3; NOTICE TO R1, R2 IS DISPENSED WITH)

ORDER :

The respondent Nos.1 and 2, as the plaintiffs, have on 15.11.2010, filed a suit for ejectment, in respect of all that part and parcel of Flat No.2, eastern portion of the

first floor, in the building known as “Kamakshi Kourt”, built on property bearing No.380, 13th Cross, Sadashivanagar, Bengaluru – 560 080 against the respondent No.3 – M/s. Concord Marketing and Services Pvt. Ltd., to pass a decree directing the defendant to quit, vacate and deliver the vacant physical possession of the suit premises and for payment of damages.

2. The respondent No.3, as the sole defendant, has filed the written statement. The respondent Nos.1 and 2 sold the suit property by a registered sale deed dated 18.09.2013 in favour of the petitioner. The petitioner filed an application on 07.01.2014, under Order XXII Rule 10 of the Civil Procedure Code, 1908 to permit her to continue the suit in place of the plaintiffs by stating that the interest in the plaint schedule property has devolved upon her by virtue of the purchase as per the said sale deed. The Trial Judge has dismissed the application filed for substitution of the name of the petitioner, in place of the plaintiffs. Assailing the said or






















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