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2018 Supreme(Kar) 920

SHANKAR GANAPATHI PANDIT
Nanjamma – Appellant
Versus
Puttathayamma – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ranjan Kumar K., Adv.

ORDER :

SHANKAR GANAPATHI PANDIT, J.

1. The petitioners are before this Court under Article 227 of Constitution of India, challenging the order dated 18.11.2017 passed on I.A. No. 3 in O.S. No. 355/2015 on the file of the Senior Civil Judge and JMFC at Magadi.

2. The petitioners are plaintiffs and respondents are defendants in O.S. No. 355/2015 filed for declaring that the plaintiffs and defendant Nos. 4 and 5 are co-owners of suit schedule property and for injunction in respect of Sy. No. 5/1 measuring 6 acres 20 guntas situated at Ajjanahalli Village, Thavarekere Hobli, Bangalore South Taluk. The plaintiffs filed an application under Order 6 Rule 17 of CPC to amend the plaint stating that they are in possession and enjoyment of Sy. No. 5/1 measuring 6 acres 20 guntas. The husband of defendant No. 1 and father of defendant No. 2 Lingappa had purchased the property under sale deed dated 3.10.1954 for a sale consideration of Rs. 1,500/-. As there was no amount, a mortgage was created in respect of the property in Sy. No. 5/1 to an extent of 6 acres 20 guntas. It is the case of the petitioners that mortgage is redeemed. As the defendants had taken a contention that the mortgage is redee










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