K.L.MANJUNATH, RAVI MALIMATH
Kolte Patil Developers – Appellant
Versus
NTI Housing Co-Operative Society – Respondent
K.L. Manjunath and Ravi Malimath, JJ.—The legality and correctness of the judgment and decree passed by the XVII Additional City Civil Judge, Bangalore dated 19.03.2010, passed in O.S. No.1572/2005 is called in question by the unsuccessful plaintiff.
2. Heard the learned counsel for both the parties.
3. On an earlier occasion, this Court had heard two learned Senior Counsel appearing for the appellants Sri.Yoga Narasimha and Sri.Raju Ramachandran and the learned Senior Counsel, Sri.C.V.Nagesh for respondents 2(a) to (c) and Sri.Nagaraja Rao, the learned counsel for respondent no.1. After conclusion of the arguments, an application was filed by the appellant under Order-6, Order-17 of C.P.C., to amend the plaint which application was considered and rejected by this Court by a detailed order dated 25.02.2014 and thereafter the matter is again heard on merits.
4. The facts leading to this appeal are as hereunder:
The plaintiff is a private limited company. The first defendant is a society registered under the provisions of the Karnataka Cooperative Societies Act. According to the plaint averments, the first defendant-society was the owner of 16 acres, 20 guntas of land situa
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