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2024 Supreme(Online)(Kar) 38722

KARNATAKA HIGH COURT
SMT N SARASWATHAMMA – Appellant
Versus
SRI CHIKKANARASAPPA – Respondent


ORDER

The appellants in RA No.97 of 2016 on the file of the learned Principal District and Sessions Judge at Chikkaballapur, are impugning the order dated 30.10.2017, dismissing IA No.2 filed under Order VI Rule 17 of CPC.

2. Heard Sri K Raghavendra, learned counsel for the petitioners, Smt B Arati, learned counsel for respondent No.1(a to d) and Sri M Jaiprakash, learned counsel for respondent Nos.2 and 3. Perused the materials on record.

3. Learned counsel for the petitioners submitted that the petitioners as plaintiffs filed OS No.546 of 2007 seeking declaration of their title and for permanent injunction. The defendants have contested the suit. The Trial Court dismissed the suit both on merits as well as on the ground that the boundaries and measurement are not mentioned in the schedule as required under Order VII Rule 3 of CPC. Challenging the said judgment and decree, the plaintiffs have preferred RA No.97 of 2016 which is pending consideration. During the pendency of suit, IA No.2 under Order VI Rule 17 of CPC was filed seeking to amend the schedule as stated in the Annexure. The said application came to be dismissed vide order dated 30.10.2017 and the same is impugned herein.

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