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2020 Supreme(Kar) 366

PRADEEP SINGH YERUR
Lalithamma And Others – Appellant
Versus
V. Shobha – Respondent


Advocates Appeared:
Sri D.R. Ravishankar, Advocate, for the Appellants; Sri H.C. Shivaramu for Sri Shreedhara B.E, Advocate, for the Respondent

JUDGMENT

1. Heard the learned counsel for the appellants and the learned counsel for the respondent.

2. The parties shall be referred as per their status in the trial Court for the sake of convenience.

3. This appeal is filed by the defendants challenging the order dated 18.11.2019 passed by the Court of 37th Addl. City Civil and Sessions Judge, Bengaluru (CCH-38) in OS.No.1164/2019 whereby an application filed under Order 39 Rule 1 & 2 read with Section 151 of CPC by the plaintiff came to be allowed.

4. The brief facts of the case are as follows:

The plaintiff has filed a suit against the defendants for the relief of permanent injunction. It is the case of the plaintiff that the suit schedule property, which come within the purview of Sy. No.56/2B was acquired by BEML Society, formed layout and distributed sites to its members. The brother of the plaintiff, by name, V.Manjunath, acquired one site, which came to be registered in his name by virtue of registered sale deed on 05.04.1993, thereby he became the absolute owner of the suit schedule property. Thereafter, a rectification deed was made and executed by BEML Society in favour of the brother of the plaintiff. It is the case of

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