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KARNATAKA HIGH COURT
HANCHATE SANJEEVKUMAR, J
SHIVAKUMAR S/O BASHETTEPPA SUNKAD, SHASHIDHAR S/O BASHETTEPPA SUNKAD, KARIBASAVARAJ S/O BASHETTEPPA SUNKAD – Appellant
Versus
SRI SANGAPPA PAMPANNA GADADSHETTAR TRUST KOPPAL – Respondent
| Table of Content |
|---|
| 1. context of the appeal related to a suit for possession. (Para 2 , 3 , 4) |
| 2. outline of the defendants' arguments regarding the order. (Para 5 , 6) |
| 3. court's observations on the trial court's order. (Para 7 , 8 , 9) |
| 4. conclusions and directives for expediting the trial. (Para 10 , 11) |
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/O.43 RULE 1(R) OF THE Code of Civil Procedure , SET ASIDE THE ORDER DATED 24.11.2022, PASSED IN O.S. NO.55/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE, AND CHIEF JUDICIAL MAGISTRATE KOPPAL.
ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)
2. The defendants in O.S.No.55/2020 have preferred this Miscellaneous First Appeal challenging the order dated 24.11.2022 passed on I.A.No.1/2021 in O.S.No.55/2020 filed under Order XL Rule 1 read with Section 151 of CPC praying to appoint receiver in respect of all the suit schedule properties on the file of Senior Civil Judge and CJM., Koppal (hereinafter referred to as ‘the Trial Court’ for short).
4. The plaintiffs/respondents have filed suit for possession by claiming that they are owners of the suit schedule properties. There were many litigations previously, which went up to the Hon’bl
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