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2023 Supreme(Online)(KAR) 7173

HIGH COURT OF KARNATAKA
C.M. POONACHA
SMT. ANNAPOORNA W/O LATE LINGANAGOUDA PATIL AND ORS – Appellant
Versus
SRI. DODDANAGOUDA PATIL S/O TIMMANAGOUDA PATIL – Respondent


on

IA.No.9,

dated

06.02.2019

passed

in

O.S.No.164/2014 by the learned Senior Civil Judge & JMFC

Sindhanur, vide Annexure-F.

This petition is coming on for orders this day, Court

made the following:

ORDER

The present petition is filed challenging the order

dated

06.02.2019

passed

on

IA.No.9

in

O.S.No.164/2014.

2.

It is the case of petitioners that the

respondent filed a suit in O.S.No.164/2014 for

declaration of title, permanent injunction and further

relief's. The petitioners have entered appearance and

filed written statement contesting the suit of plaintiff-

respondent. The trial Court framed 10 issues vide

order

dated

21.12.2013.

On

16.07.2018,

the

petitioners filed IA.No.9 under Order 7 Rule 11 R/w

151 CPC to reject the plaint for non showing of any

3

cause of action. The respondents/plaintiffs filed

objections and contested the said application. The

Trial Court vide order dated 06.02.2019 dismissed

IA.No.9 filed by the defendants-petitioners. Being

aggrieved, the present petition is filed.

3.

I have perused the material available on

record.

4.

The

Trial

Court

vide

order

dated

06.02.2019 has clearly noticed that the application

filed in IA.No.9 is to reject the plaint for want of

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