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2023 Supreme(Online)(KAR) 22556

HIGH COURT OF KARNATAKA
P.S.DINESH KUMAR AND RAMACHANDRA D. HUDDAR
SRI. N B KUMARA SWAMY – Appellant
Versus
RAGHAVENDRA – Respondent


Petitioner Advocates:SOMASHEKAR ANGADI ,Respondent Advocate:

JUDGMENT

1. Respondent is served with notice of this appeal, but he has remained absent.

2. Appellant, plaintiff in O.S. No.7602/2013 on the file of VII Addl. City Civil Judge, Bengaluru has preferred this appeal feeling aggrieved by the Judgment and Decree dated 21.11.2019 rejecting the plaint and the Order dated 04.01.2020 dismissing the application to recall the Order dated

21.11.2019.

3. The parties to the appeal are referred to as per their rank before the Trial Court for the purpose of convenience.

4. Brief and relevant facts leading to this appeal are as under:

That plaintiff has filed the instant suit initially seeking the relief of permanent injunction against defendant from interfering with his peaceful possession and enjoyment of the suit schedule property.

5. Subsequently, during the pendency of the suit, plaintiff filed I.A. No.2 under Order VI Rule 17 read with Section 151 of CPC seeking amendment to the plaint for converting the said suit for declaration by amending para 4(a) and prayer column as mentioned in the application. The said application came to be allowed by the Trial Court on 02.07.2018. Accordingly, plaint was amended. It was directed to the plaintiff to furnish

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