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2023 Supreme(Online)(KAR) 22758

HIGH COURT OF KARNATAKA
VIJAYKUMAR A PATIL
SRI CHINNASWAMY GOWDA – Appellant
Versus
SRI SHIVARAMU C M – Respondent


Petitioner Advocates:THUNGA. H. C. ,Respondent Advocate:

ORDER

This writ petition is filed by the petitioner-plaintiff under Article 227 of the Constitution of India assailing the order dated 05.01.2022 passed on I.A.3 filed under Order I Rule 10(2) of Civil Procedure Code (hereinafter referred to as, 'CPC') in O.S.No.198/2020 on the file of Additional Senior Civil Judge, Nelamangala (hereinafter referred to as, 'the trial Court'), whereby the I.A.No.3 was allowed.

2. The parties are referred to as per their ranking before the trial Court.

3. Brief facts giving rise to filing of this petition are that late Sri.Mariyappa S/o late Sri.Puttegowda, the father of defendant Nos.1 to 5 & father-in-law of defendant No.6 & grand father of defendant Nos.7 & 8, has executed an agreement of sale dated 10.06.2016 in favour of the plaintiff in respect of land bearing Sy.No.108 measuring 2 acre 1 guntas situated at Machohalli Village, Dasanapura Hobli, Bengaluru North Taluk.

4. It is averred that after the death of Sri.Mariyappa, the defendant Nos.1 to 8, being the legal heirs, have become the absolute owners in possession of the suit schedule property. The legal heirs have refused to execute the registered sale deed in favour of the plaintiff. Therefore,

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