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