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2022 Supreme(Online)(Kar) 45662

KARNATAKA HIGH COURT - PRINCIPAL BENCH AT BENGALURU
SRI K PARAMESHWARAPPA – Appellant
Versus
SRI V VENKATESHALU – Respondent


Advocates:
['C SHIVAKUMAR', '', 'BALARAJ A C', 'B SHARATHKUMAR']

All these four appeals arising out of the judgment

passed in original suits filed before the Trial Court and for

the sake of convenience the same are depicted in the table

below:

Sl.No.

RFA No.

O.S.No.

Date of

disposal

RFA No.1234/2012

O.S.No.2209/2005

25/08/2011

RFA No.1232/2012

O.S.No.2207/2005

21/08/2009

RFA No.1233/2012

O.S.No.2208/2005

21/08/2009

RFA No.1235/2012

O.S.No.2210/2005

04/08/2011

8

According to the appellant/defendant No.3 in all

the four cases, all these suits have been disposed of placing

the appellant/defendants exparte.

Learned counsel for the appellant/defendant

No.3 submits that though the defendants were residing in

the same address, the Court process server returned the

notices and suits summons as 'in sufficient address' and he

suspects some foul play in such endorsements being made

on the suit summons.

Thereafter the plaintiffs in all the suits, applied

for service of notice through substituted service by filing an

application under Order 5 Rule 20 CPC. The notices were

published in 'Sanjevani (¸ÀAeɪÁtÂ)' news paper which is an

evening paper. According to the appellant/defendant No.3

service of notice taken out by the plaintiffs by publishing

the notice

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