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2023 Supreme(Online)(KAR) 14171

HIGH COURT OF KARNATAKA
M.G.S. KAMAL
SHRI. SRINIVAS BERNU KUNDAR – Appellant
Versus
SHRI. RIAZAHMAD – Respondent


Present petition is filed by defendants No.1 to 3

aggrieved by the order dated 04.12.2021 passed in

O.S.No.184/2002 on the file of the III Additional Senior

Civil Judge and CJM, Belagavi on an application filed under

Section 152 of the Code of Civil Procedure (for short,

‘CPC’) (in I.A.No.13) seeking correction of number of the

property.

BRIEF FACTS OF THE CASE:-

That the above suit in O.S.No.184/2002 was

filed

by

the

respondents

herein

seeking

relief

of

possession. In the plaint which was originally filed, the

property was described as CTS.No.832/10/A-3. It appears

consequent upon impleading certain additional properties,

amended plaint was filed. In the amended plaint, due to

inadvertence, the number of the property was mentioned

as CTS.No.823/10/A-3 instead of mentioning the original

number as CTS.No.832/10/A-3. The said error had gone

unnoticed. Parties lead their evidence, suit was decreed,

- 4 -

aggrieved by the same, the petitioners herein preferred

regular appeal in R.A.No.76/2017, the said appeal also

came to be dismissed. Being aggrieved by the same, the

petitioners herein filed regular second appeal before this

Court in RSA.No.100393/2018. The said appeal is pending

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