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2017 Supreme(Kar) 1484

K.N.PHANEENDRA
Prameela N. – Appellant
Versus
L. Mahadevaiah – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. L. Venkatarama Reddy
For the Respondent: Sri B.S. Radhanandan

JUDGMENT :

K.N. Phaneendra, J.

This Regular First Appeal is preferred by the aggrieved plaintiff challenging the order dated 5th November, 2014 passed by the trial Court on I.A. No. III filed under Order 7, Rule 11 (b) and (d) of CPC in OS No.1527/2011, allowing the application by rejecting the plaint.

2. The brief factual matrix of the case is important to consider whether the trial Court has committed any error in rejecting the plaint under the above said provision of law.

3. The plaintiff has filed the suit with the following prayer:

(i) For partition and separate possession of the suit schedule property by metes and bounds and to put the plaintiff in possession of her share in the suit schedule property.

(ii) Declare the sale deed dated 11.09.2002 executed by defendant No.1 in favour of defendant No.2 in respect of suit schedule property without the knowledge and consent of the plaintiff under Document No. BNG (U)-BLR(S)/7278/2002-2003, in Book No.1 stored in CD No.85, in the office of the Sub-Registrar, Bangalore South Taluk, Bangalore, as illegal, null and void and not binding on the plaintiff.

(iii) Grant permanent injunction restraining the defendants, their agents, workmen, suppo







































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