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2015 Supreme(Kar) 801

S.SUJATHA
Vinayaka House Building Co-operative Society – Appellant
Versus
Chikka Thimmaiah – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K.V. Narasimhan, Adv.
For the Respondents: S. Rajendra, Adv.

ORDER :

S. Sujatha, J.

1. These petitions are filed challenging the common order dated 26.06.2010 passed by the I Addl. City Civil and Sessions Judge, Bangalore City, on I.A. Nos. 62 and - 64 in O.S. No. 1717/1998.

2. These cases have a chequered history. O.S. No. 1717/1998 was filed by the first respondent-plaintiff on the file of the I Addl. City Civil Judge, Bangalore, against the petitioner, a house building Cooperative Society for the relief of bare injunction in respect of four acres of land being part of Sy. No. 17 of Nagarabhavi Village, Bangalore.

3. The petitioner-Society herein filed written statement disputing the title of the plaintiff/first respondent herein. In view of the denial of title of the 1st respondent by the petitioner, an application for amendment of the plaint was moved by the first respondent seeking for declaration of title. The said application was allowed and the plaintiff filed amended plaint.

4. Pursuant to this, the petitioner filed additional written statement and has taken a stand in the written statement that Sy. No. 17 measures 35 acres 33 guntas as against 18 acres 19 guntas pleaded earlier in the original written statement. The first respondent had





























































































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