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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
Kusuma Kumari, W/o. Late Sri S. Venkateshwarlu, Represented By General Power Of Attorney Holder Sri S. Sravan Chaitanya, S/o. Late Sri S. Venkateswarlu – Appellant
Versus
Hafeezur Rahaman, S/o. Late A. Abdul Azeez – Respondent
ORDER :
(M. NAGAPRASANNA, J.)
The petitioner/defendant No.2 in O.S.No.9897 of 2006 is before this Court calling in question an order dated 12-09-2024 by which the application filed by the petitioner in I.A.No.XII under Section 10 of the Code of Civil Procedure is rejected.
2. FACTUAL PRELUDE
The saga begins with the assertion of the petitioner being in possession of the property bearing Site No.52 in Sy.No.17/2A which is said to be wrongly mentioned as Sy.No.3/3B having purchased it on 24-11-1994. The defendant No.2 along with others is said to be in peaceful possession of the property. This is said to be interfered with by respondents 1 to 9, the plaintiffs in the original suit. Owing to interference the petitioner files suit in O.S.No.8729 of 2004 seeking to protect her possession in respect of Sy.No.3/3B. The suit was instituted on 26-11-2004. On 13-11-2006 the 1st respondent along with others institute a comprehensive suit for declaration of title in O.S.No.9897 of 2006.
3. When things stood thus, the petitioner/defendant No.2 institutes another suit in O.S.No.3599 of 2008 seeking to rectify the description of the property in the sale deed dated 24-11-1994 from Sy.No.3/3B to Sy.No
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