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2024 Supreme(Online)(Kar) 38627

KARNATAKA HIGH COURT
SMT SEETHAMMA – Appellant
Versus
RATHNAMMA – Respondent


ORDER

The plaintiffs in O.S.No.244/2015 on the file of II Additional Civil Judge and JMFC, Kolar has filed this petition challenging an order dated 11.11.2020, by which, an application filed by them under Order VI Rule 17 read with Section 151 of Civil Procedure Code was rejected.

2. The parties shall henceforth be referred to as they were arrayed before the Trial Court.

3. The suit in O.S.No.244/2015 was filed for declaration of the plaintiffs title to an extent of 08 guntas of land in Sy.No.1/7 and for perpetual injunction. The plaintiffs claimed that the father of the plaintiff No.2 and husband of the plaintiff No.1 are the two children of Narayanappa, who was one of the three sons of Kenchappa. They claimed that Kenchappa owned 10 guntas of land which was inherited by his three sons, who partitioned it in terms of a deed dated 20.11.1972. Accordingly 'C' schedule mentioned therein fell to the share of Narayanappa. The plaintiffs claimed that the husband of the plaintiff No.1, Sri. Nanjundappa purchased three guntas from Akkayamma on 12.4.1982. Therefore, the said plaintiffs had 08 guntas of land. The plaintiffs therefore claimed that they were entitled to be declared as the owners

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