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2018 Supreme(Online)(KAR) 2481

HIGH COURT OF KARNATAKA
ABHAY SHREENIWAS OKA(CJ)
KHAJAHUSANI S/O. LATE KASIMSAB AND ORS – Appellant
Versus
HANUMANTH S/O. PIDDAPPA CHALUVADI – Respondent


Petitioner Advocates:AVINASH A UPLOANKAR ,Respondent Advocate: RAVINDRA REDDY

ORDER

By way of this petition under Article 227 of the Constitution of India, the defendants/petitioners seek to challenge the order dated 28.06.2014 on I.A.No.VIII filed under Order XIII Rules 3 and 4 r/w Section 151 of the Code of Civil Procedure in O.S.No.87/2011, as passed by the Civil Judge, Deodurga, whereby the Trial Court dismissed the application moved by the defendants/petitioners to decide on the admissibility of the document in question while permitting them to pay duty and penalty thereupon.

The plaintiff/respondent has filed the suit aforesaid seeking the relief of perpetual injunction restraining the defendants or any other person claiming through them from interfering with his peaceful possession over the plaint schedule property. The plaintiff has contended that the plaint schedule property is his ancestral property and the defendants had started interfering with his possession and had also extended the threats of dispossession.

The defendants have filed their written statement denying the plaint averments. It has been stated that the plaint schedule property originally belonged to one Sri. Rangappa son of Piddappa, who sold the same to the father of the defendant No

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