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2025 Supreme(Online)(Kar) 23990

KARNATAKA HIGH COURT
DR. K.MANMADHA RAO, J
K.BASAVARAJU – Appellant
Versus
HIDAYATHULLA SHARIFF – Respondent


Advocates:
For the Appellants/Petitioners: SRI. VINAY D. HOSMATH
For the Respondents: SRI. R.RANGASWAMY

Table of Content
1. overview of the trial history and plaintiff's claims. (Para 5)
2. arguments presented regarding application under order vii rule 14. (Para 6 , 8)
3. court's analysis of procedural requirements and dismissal rationale. (Para 10 , 11 , 12)
4. final ruling and future application guidelines. (Para 13)

CAV ORDER

Plaintiff is before this Court in this writ petition, assailing the legality and correctness of the order dated 02.02.2022 passed in O.S.No.07/2011 on the file of the Senior Civil Judge, Maddur (for short, 'the trial Court').

2. For the sake of convenience, the parties herein are referred to as per their ranks before the trial Court.

3. Heard the learned counsel for the parties and perused the records.

4. Brief facts of the case are as follows:

The plaintiff who is the owner in possession of Schedule A, B, and C properties, filed O.S.No.55/2005 before the Civil Judge (Jr.Dn.) Malavalli, for declaration and permanent injunction against defendant restraining him from interfering with the lawful enjoyment of suit schedule properties. However, the case was transferred to Civil Judge (Sr.Dn) for the want of pecuniary jurisdiction and the same was decreed by Civil Judge (Sr.

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