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KARNATAKA HIGH COURT
G BASAVARAJA, J
NOORMOHAMMMAD S/O. GUDUSAB NIDONI – Appellant
Versus
SMT. RAHEMATBI W/O. RAFIQ HUNDEKAR – Respondent
| Table of Content |
|---|
| 1. challenging the lower court decision on limitation and partition issues. (Para 1 , 2 , 4 , 5 , 6) |
| 2. limitation as a mixed question of law and fact. (Para 7) |
(PER: THE HON'BLE MR. JUSTICE G BASAVARAJA)
1. Heard the arguments of the learned counsel for the petitioners and the learned counsel for the respondents.
2. The revision petitioners have preferred this petition challenging the order dated 07.12.2022 passed on I.A. No.4 filed under Order VII Rule 11(a) and (d) read with Section 151 of the CPC in O.S. No.101/2021 on the file of the Principal Senior Civil Judge and JMFC, Jamkhandi.
3. For the sake of convenience, the parties are referred to as per their rank before the Trial Court.
4. The plaintiff has filed a suit in O.S. No.101/2021 for partition and separate possession of the suit schedule property.
5. The petitioners, who are defendant Nos.1 and 2, filed their written statement in O.S. No.101/2021 denying the plaint averments and sought dismissal of the suit. However, in the written statement, it is contended by the petitioners that the suit property is an Inam land, which was re-granted to Gudusab in 1969. During the lifetime of Gudusab, a family partition was e
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