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KARNATAKA HIGH COURT
H.P. SANDESH, J
SRI H.P. MANJUNATH – Appellant
Versus
SRI MOHAN – Respondent
| Table of Content |
|---|
| 1. the factual matrix of the case (Para 3) |
| 2. the main contention of the learned counsel (Para 4) |
| 3. the learned counsel would contend (Para 5 , 6 , 9) |
| 4. the learned counsel also relied upon (Para 7 , 8) |
| 5. the learned counsel brought to the notice (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 6. having heard the learned counsel (Para 18) |
| 7. having heard the respective learned counsel (Para 19 , 20 , 21) |
| 8. with these observations (Para 22) |
ORAL JUDGMENT
2. This miscellaneous first appeal is filed praying this Court to set aside the order dated 27.09.2024 passed by the XII Additional City Civil Judge, Bengaluru (CCH-7) in dismissing I.A.No.1 filed under Order 39 Rules 1 and 2 of CPC in O.S.No.4575/2024 filed by the appellants/plaintiffs and consequently to allow the said I.A. filed by the appellants.
4. The main contention of the learned counsel for the appellants before this Court is that the Trial Court erred in holding that on examining the pleadings and materials, the appellants case is doubtful for the reason that until 2003 khatha of the land bearing Sy.No.107/1A1 was standing in the name of late Gangappa and after his demise, respondent Nos.7 to 13 got the khatha of th
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