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2024 Supreme(Online)(Kar) 44902

KARNATAKA HIGH COURT
SRI H T YELLAPPA – Appellant
Versus
SRI KRISHNA @ KRISHNAPPA – Respondent


ORDER

1. The petitioners are before this Court seeking for the following reliefs:

“Call for the records in O.S.No.642/2023 on the file of Addl. Senior Civil Judge, Nelamangala and set aside the order dated 22.04.2024 passed on I.A.No.2 filed by the petitioners under order VII Rule 11(a) and (d) of CPC in O.S.No.642/2023 and consequently allow the IA No. 2 filed by the petitioners before the trial court, in the interest of justice.”

2. Respondents No.1 and 2 had filed a suit in O.S.No.242/2023 seeking for the following reliefs:

a. Effecting partition accordance with an un registered Panchayathi parikathu dated 14.4.1985 and separate possession of plaintiff’s legitimate share over the suit schedule property.

b. Grant injection against the defendants not to alienate and create any third party right over the suit schedule properties in respect of the plaintiff’s shares.

c. Declare that the sale transaction made by the defendant No.1 in respect of the plaintiff’s share is not binding on the respective legitimate share of the plaintiff’s.

d. Award Mense profits.

e. Award cost and litigation expenses.

f. Pass such other order or direction that this Hon’ble Court deems fit to grant in the interest

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