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2022 Supreme(Online)(Kar) 148

KARNATAKA HIGH COURT
H. B. Prabhakara Sastry, J.
Shantinath v. Iranna Mallappa Mumbai


1. The plaintiff in O.S.No.306/2007 in the Court of learned Senior Civil Judge at Indi, (henceforth for brevity referred to as 'trial Court') has filed this appeal challenging the order dated 11.06.2015 passed by the Trial Court wherein his interlocutory application bearing I.A.No.XVIII filed under Order XXXIX, R.2 - A of the Code of Civil Procedure, 1908, (henceforth for brevity referred to as 'CPC') was rejected.

2. The present appellant has filed a suit in O.S.No.306/2007 in the trial Court against the present respondents and others for the relief of partition and separate possession. The suit properties inter alia was also included land properties in different survey numbers which according to the plaintiff have been formed into several plots and were sold to different persons by defendant No.1. During the pendency of the said original suit, the present appellant as plaintiff on 12.01.2012 filed I.A.No.XVI for the relief injunction restraining the defendants from undertaking any construction and development works in the suit schedule properties. The said I.A.No.XVI came to be allowed by the order of the trial Court dated 02.08.2012.
Defendant No.1 filed an application on 19.03.2





































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