SRI G N LAKSHMI NARASIMHA – Appellant
Versus
SMT V MALA – Respondent
Sri.V.B.Shivakumar, learned counsel for appellant and
Sri.S.Nagaraja, learned counsel for respondent No.1 have
appeared in person.
For the sake of convenience, the parties are
referred to as per their rankings before the Trial Court.
The facts of the case are stated as under:
The plaintiff - initiated action against the defendants and
sought the relief of declaration of ownership over suit
properties and also for a declaration that the alleged
3
Compromise
Decree
dated:29.03.2014
passed
in
O.S.No.144/2012 is null and void and the same is not binding
on her.
After
service
of
summons,
defendants
entered
appearance and filed their written statement. Based on the
pleadings, several Issues were framed and Issue No.7 was
treated as Preliminary Issue. In the meanwhile, the third
defendant moved an application under Order 7 Rule 11 (a) and
(d) of the Code for rejection of plaint on the ground that the
suit is barred by law. The Trial Court allowed the application
vide order dated:14.06.2018 and held that the suit is not
maintainable. The order was challenged before the Appellate
Court and the Appellate Court vide order dated:29.07.2019
allowed the appeal and remitted the matter to the Trial
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.