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2023 Supreme(Kar) 267

H. P. SANDESH
N. Varalakshmi W/o Late V. Nehru Reddy @ V. Narayana – Appellant
Versus
V. R. Shivananda Murthy S/o Late B. Rudraiah – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI JANARDHANA G, ADVOCATE
For the Respondent:SRI K.SUMAN, SENIOR COUNSEL FOR SRI K.SIDDHARTH SUMAN, ADVOCATE FOR [THROUGH VC] SRI V.PRABHAKAR, ADVOCATE

ORDER :

This revision petition is filed challenging the rejection order dated 02.06.2022 on I.A.No.2 filed under Order VII Rule 11(d) read with Section 151 of CPC passed in O.S.No.671/2020 on the file of XXVIII Addl. City Civil Judge, Mayo Hall Unit, Bengaluru.

2. The factual matrix of the case of the plaintiff before the Trial Court is that the plaintiff/respondent No.1 herein has filed a suit for the relief of declaration to declare that the plaintiff is the absolute owner in lawful possession and enjoyment of the suit schedule property and to declare that the preliminary decree passed by this Court in R.F.A.No.2331/2007 dated 14.07.2017 and the order and draft final decree drawn by the XXVIII Addl. City Civil Judge, Mayo Hall Unit (CCH-29), Bengaluru, dated 06.02.2019 in FDP No.25017/2017 is not binding on the plaintiff or affecting the suit schedule property and also consequential relief of permanent injunction.

3. Defendant Nos.1 and 2, have filed an application under Order VII Rule 11(d) read with Section 151 of CPC and under Order VII Rule 11(a) to (e) read with Section 151 of CPC, respectively, the same came to be dismissed with costs of Rs.1,000/-each. Defendant No.2 has not

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