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KARNATAKA HIGH COURT
MR. G BASAVARAJA, J
SRI. MALLANAGOUDA A/F. MARIGOUDA PATIL @ PUTTANAGOUDRA – Appellant
Versus
SRI. PUTTANAGOUDA MALLIKARJUN RUDRAYYA S/O. RUDRAGOUDA PATIL @ HOSAGOUDRA – Respondent
| Table of Content |
|---|
| 1. court hears counsel for parties. (Para 2) |
| 2. suit filled by plaintiffs for decree not to be binding. (Para 4 , 5 , 6) |
| 3. compromise decree does not apply to non-parties. (Para 10 , 11 , 12 , 13 , 14) |
| 4. application for rejection of plaint dismissed, confirming lower court's ruling. (Para 15 , 18) |
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE G BASAVARAJA)
1. Heard learned counsel for the parties.
2. The petitioners, who were defendant Nos.13 and14 before the Trial Court, have preferred this petition challenging the order passed by the Civil Judge and JMFC, Byadgi, on I.A. No.II filed under Order VII Rule 11 read with Section 151 of the Civil Procedure Code (for short, ‘the CPC’).
3. For the sake of convenience, the parties are referred to as per their rank before the Trial Court.
4. The brief facts leading to this revision petition are that respondent Nos.1 to 21 herein instituted a suit in O.S. No.3/2021 on the file of the Civil Judge and JMFC, Byadgi, seeking declaration that the decree passed in O.S. No.259/2020 dated 19.12.2020 is not binding on them and is not executable.
5. The plaintiffs contended that the defendants, behind the back of the plaintiffs, entered into a c
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