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KARNATAKA HIGH COURT
M.G.S. KAMAL, J
SRI. BHARAMANAGOUDA S/O. DODDAPAP GEJJI – Appellant
Versus
SRI. IRAPPA S/O. DODDAPPA GEJJI – Respondent
| Table of Content |
|---|
| 1. court observes that rejection of plaint needs trial. (Para 1 , 4 , 8) |
| 2. plaintiff claims properties from partition. (Para 2 , 3) |
| 3. argument against the suit based on limitation. (Para 6) |
| 4. mixed questions of fact require trial. (Para 9) |
| 5. court fee issues manageable without rejection. (Para 10) |
(PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL)
1. This petition is filed by the defendant, being aggrieved by the order dated 28.08.2024, passed in O.S. No.1 of 2019 rejecting his application in I.A. No.11, filed by him under Order VII Rule 11 of the CPC read with Section
151 of the CPC.
2. The above suit in O.S. No.1 of 2019 is filed by the respondent-plaintiff for declaration and injunction contending inter alia that there was a partition of family properties taken place in the year 1988, and in terms of which the suit properties were allotted to his share, and that he has been in possession and enjoyment of the same. That the defendant without his knowledge or consent, obtained mutation of his name in the revenue records in respect of the suit properties in the year 2002 alleging that a partition had taken place in the year 2001. That the plaintiff learnt about the same and fi
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