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2021 Supreme(Kar) 19

P.KRISHNA BHAT
Suvidha Realtors and Constructions Pvt. Ltd. – Appellant
Versus
Hubli Taluka Agricultural Produce Co-Operative Marketing Ltd – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Smt.G.Meerabai S.S.Niranjan, Adv.,
For the Respondent: Smt.Sharmila. M. Patil Adv.

ORDER :

In this petition filed under Section 115 of the Code of Civil Procedure, 1908 (for short referred to as ‘CPC’), the petitioner is calling in question the legality and validity of the order dated 31.01.2020 passed in O.S.No.51/2009 by the learned Principal Senior Civil Judge, Hubballi, returning the plaint of the plaintiff.

2. The revision petitioner is the plaintiff in O.S.No.51/2009 filed for seeking the relief of declaration that resolution dated 24.11.2008 passed by defendant No.1 – respondent No.1 and letter addressed by respondent No.1 to the petitioner on 29.11.2008 terminating the contract of the petitioner as bad in law, void and not binding on the petitioner and also for a declaration that order passed by respondent No.2 dated 19.03.2009 granting permission to respondent No.1 to call for fresh auction to sell the suit properties based on the resolution dated 24.11.2008 and letter dated 20.11.2008 are illegal, null and void, etc. The learned court below by its order dated 31.01.2020 has returned the plaint to the petitioner. Being aggrieved by the said order, the plaintiff – revision petitioner is before this Court.

3. The office has raised objections regarding the mai

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