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KARNATAKA HIGH COURT
VIJAYKUMAR A. PATIL, J
N. GOVARDHAN – Appellant
Versus
NAGABAASI REDDY – Respondent
| Table of Content |
|---|
| 1. relief sought to direct trial court to consider recall application. (Para 1 , 2) |
| 2. petition seeks to rectify error in court order on valuation slip. (Para 3) |
| 3. court highlights need for procedural fairness. (Para 4 , 6) |
| 4. initial suit valued appropriately by the trial court. (Para 5) |
| 5. writ petition allowed; procedural errors to be rectified. (Para 7) |
ORAL ORDER
1. This petition is filed seeking following reliefs:-
"WHEREFORE, the Petitioner prays that this Hon'ble Court may be pleased to-
(a) issue a writ of mandamus or any other like writ/writs, thereby direct the court below to consider the application filed under section 151 of CPC to recall the order vide Annexure-F, in O.S.No.16419/2006 on the file of 28th ACC & SJ., Bangalore in accordance with the records of the proceedings and also court office records.
(b) to pass an Order as to costs of the Writ Petition with such other relief or reliefs as this Hon'ble Court deems fit in the circumstances of the case."
2. Sri.S.Anil Kumar Shetty, learned counsel appearing for the petitioner submits that the petitioner has filed the suit initially for permanent injunction, later it was amended and sought for the relief of de
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