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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