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2017 Supreme(Kar) 964

B.VEERAPPA
Jabeena Hussaini D/o Late Gulam Hussian – Appellant
Versus
Rajendra Kumar P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri Shivarama Bhat O.
For the Respondent: Sri B.C. Guru

ORDER :

The petitioner - plaintiff filed the present writ petition against the order dated 8.8.2017 on I.A. No.2 made in M.A. No.16/2017 on the file of the IV Addl. District Judge, Mysuru rejecting the application filed by the petitioner – plaintiff under the provisions of Section 141 r/w Section 151 of Code of Civil Procedure.

2. The petitioner who is the plaintiff in the trial Court had filed O.S. No.1049/2012 for Permanent Injunction against the respondent - defendant, contending that he is the owner in possession of the suit schedule property morefully described in the plaint and the defendant has no manner of right, title and interest to interfere with the same. The defendant filed the written statement and denied the plaint averments and contended that the suit filed by the plaintiff for Permanent Injunction is not maintainable etc.

3. On the basis of the pleadings, the trial Court framed four issues for consideration.

4. In order to establish her case, the plaintiff examined her General Power of Attorney holder – Mohammed Rafiq as PW.1 and got marked the documents Ex.P1 to Ex.P32. The defendant examined himself as DW.1 and got marked the documents Ex.D1 to Ex.D11.

5. The trial Co





















































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