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2022 Supreme(Online)(Kar) 40093

KARNATAKA HIGH COURT - BENCH AT KALBURAGI
SMT SAFOORABANU – Appellant
Versus
SRI. HAJI SAB AND ORS – Respondent


DATED

02.06.2021, PASSED BY THE CIVIL JUDGE AND JMFC, MANVI IN

O.S.NO.171/2014, VIDE ANNEXURE-A, CONSEQUENTLY ALLOW

THE PETITIONER TO LEAD / ADDUCE / DEPOSE EVIDENCE AS

DW-1, THROUGH HER HUSBAND GPA HOLDER AS PRAYED IN

THE CHIEF EXAMINATION IN THE FORM OF AFFIDAVIT, VIDE

ANNEXURE-D1.

THIS PETITION HAVING BEEN HEARD AND RESERVED

FOR

ORDERS

ON

10.01.2022,

COMING

ON

FOR

PRONOUNCEMENT

THIS

DAY,

COURT

MADE

FOLLOWING:-

ORDER

Heard learned counsel for the petitioner and the

learned counsel for the respondents.

2.

This writ petition is filed by the defendant No.5

in O.S.No.171/2014 on the file of the trial Court seeking

relief of partition and separate possession in respect of the

suit schedule property. The GPA holder of the defendant

No.5 has filed an application stating that the GPA holder of

the defendant No.5 is the husband of the defendant No.5

4

and will adduce evidence accordingly. The plaintiffs

contended that the said GPA holder of the defendant No.5

is also the GPA holder of defendant No.4 and the suit is

filed for partition and declaration and therefore, there is no

necessity to accept the application.

3.

Perusal of the writ papers would indicate that

the entire trial revolves a

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