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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