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2022 Supreme(Kar) 344

C. M. POONACHA
Hinduja Renewables Two Private Limited – Appellant
Versus
Kum Rahul Patil S/O Late Malleshgouda – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri Shivanand Patil, Advocate
For the Respondent:Sri Sachin M Mahajan, Advocate

JUDGMENT :

The above appeal is filed by the Appellant who is arrayed as Defendant No.6 in OS No.225/2021 challenging the order dated 14.1.2022 passed on IA.No.5 in the said suit by the Court of the Senior Civil Judge and JMFC, Sindhanur (hereinafter referred to as the 'Trial Court').

2. For the sake of convenience, the parties herein are referred to as per their rank before the

Trial Court.

3. The Plaintiffs who are arrayed as Respondent Nos.1 and 2 herein filed a suit in OS.No.225/2021 seeking for the following reliefs:

    "1) To pass the preliminary decree of partition and separate possession of the plaintiffs’ 1/6th share jointly in the suit schedule properties.

(2) To send the decree to the Deputy Commissioner, Raichur for effecting the partition by deleting the name of the Defendants in the revenue records by adding the Plaintiff’s names.

(3) To declare the Doc No.1336/21-22 dated: 12.06-2021 as null and void and not binding on the Plaintiffs and also mutation entries in the revenue records vide No.H11/15-16 dated: 30-09-2015.

(4) Any other relief or reliefs may also be granted which deems fit and proper under the facts and circumstances of the case, and Cost of the suit may be awarded,

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