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2022 Supreme(Online)(Kar) 52709

M/S BHARAT TIMBER AND CONSTRUCTION CO – Appellant
Versus
SMT. KALAVATI W/O. LATE NARAYANRAO JAHAGIRDAR – Respondent


R.DEVDAS J., (ORAL):

The petitioner who is the plaintiff in O.S.No.67/2007

is before this court aggrieved of the order dated

21.01.2022 passed by the trial court on I.A.No.XI.

2. By the impugned order, the trial court granted

permission to the respondents/defendants to file written

statement. It is not disputed that the said suit filed at the

hands of the petitioner/plaintiff seeking a decree that the

lease period granted in favour of the plaintiff is renewed

by operation of law automatically for a period of 30 years

and for grant of prohibitory injunction against the

defendants restraining them permanently from interfering

with

the

peaceful

possession

and

enjoyment

and

extraction of granite quarrying work and its transportation

was dismissed by the trial court on 26.02.2011. However,

it is the contention of the petitioner that though

opportunity was given to the respondents/defendants,

they did not file written statement. However, on

- 4 -

05.09.2009, the Power of Attorney Holder of the

defendants/respondents filed a compromise petition under

Order XXIII Rule 3 read with Section 151 of CPC signed by

the petitioner/plaintiff and Power of Attorney Holder of the

defendants/respon

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