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2016 Supreme(Kar) 615

R.B.BUDIHAL
Zareena – Appellant
Versus
Mohamed Haneef – Respondent


Advocates Appeared:
For the Petitioner:Sri Udaya Holla, Senior Counsel along with Sri Krishna Kumar S.R. for Sri Brijesh Patil, Advocates.
For the Respondents:Sriyuths H.S. Dwarakanath, Advocate, G. Krishna Murthy, Senior Counsel for M/s. GKM Associates, K.G. Raghavan, Senior Counsel for Suraj Govinda Raj, Advocate, S.N. Prashanth Chandra, Advocate.

ORDER :

Budihal R.B., J.

This petition is filed by the petitioner/plaintiff praying to quash the impugned order dated 21-11-2014 passed in O.S. No. 3355 of 2007 by the XL Additional City Civil Judge, Bengaluru, who rejected the application filed by the petitioner/plaintiff under Order 6, Rule 17 read with Section 151 of Civil Procedure Code, 1908, which is produced at Annexure-G.

2. Petitioner/plaintiff filed the suit seeking permanent injunction to restrain the respondents/defendants or anyone acting on their behalf from interfering with peaceful possession and enjoyment of the property or in any way carry on any excavation work by encroaching upon the property mentioned in the schedule to the plaint and to restrain defendants 1 to 4 from creating any clandestine documents such as joint development agreement, lease mortgage, sale or otherwise in respect of the property and to restrain the defendant 5 from issuing sanctioned plan and licence in favour of defendants 1 to 4 in respect of property mentioned in the schedule to the plaint.

The petitioner herein has also filed an amendment application under Order 6, Rule 17 read with Section 151 of CPC praying the Court to permit the petitio





















































































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