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2023 Supreme(Kar) 1007

H. P. SANDESH
V. Narayanaswamy – Appellant
Versus
M. V. Sriramareddy – Respondent


Advocates appeared:
Narayana Swamy P.M., Advocate, H.S.Dwarakanath, Advocate

JUDGMENT

1. Heard the learned counsel for the petitioner and learned counsel for the respondents.

2. This revision petition is filed under Sec. 115 of C.P.C. praying this Court to set aside the order dtd. 5/12/2022 rejecting I.A.No.9 filed under Order 12, Rule 6 of C.P.C. and consequently, dismiss the suit in O.S.No.138/2014 on the file of the Senior Civil Judge and JMFC, Chintamani.

3. The factual matrix of the case of the plaintiff before the Trial Court is that the plaintiff and first defendant are the brothers and sons of Kotalani Venkataraya Reddy and Smt. Seethamma. It is contended that, after the death of father of the plaintiff and the first defendant, they have succeeded the joint family and ancestral properties and jointly cultivating the said lands. The plaintiff was working as an Assistant Teacher in the Education Department and his earnings had contributed the joint family and developed and purchased properties in the name of kartha, who is the first defendant herein, by contributing joint family funds. It is also the contention of the plaintiff that the plaintiff, first defendant and their mother Smt. Seethamma have purchased the property in the name of the first defen

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