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HIGH COURT OF KARNATAKA
H.P.SANDESH, J
SMT. NEELAMMA D/O LATE K.KRISHNA REDDY – Appellant
Versus
SRI J. SHANKAR S/O LATE UMMANNA POOJARI – Respondent
| Table of Content |
|---|
| 1. facts involving the appellant’s claim of lack of knowledge regarding the suit and improper service of summons. (Para 3 , 4) |
| 2. arguments regarding the respondent's burden of proving allegations of collusion and the appellant's counters. (Para 5 , 7) |
| 3. court's observations on the evidence presented and failures to consider critical testimonies. (Para 6 , 8 , 10) |
| 4. conclusion regarding the necessity of reversing the trial court’s decision. (Para 11) |
JUDGMENT
1. Heard learned counsel for appellant and also learned counsel for respondents.
2. This Miscellaneous First Appeal is filed rejection of the petition filed by the appellant under Order 9 Rule 13 R/w Section 151 of CPC wherein the appellant prayed the Court to set-aside judgment and decree passed in O.S.No.4911/2012.
3. The factual matrix of the case of the plaintiff before the Trial Court in O.S.No.4911/2012 against the appellant herein for the relief of declaration and permanent injunction that he had purchased the property and he has been put in possession and inspite of it the defendant/appellant herein causing obstruction and interfering with the possession and hence he has sought for the relief of declaratio
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