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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S VISHWAJITH SHETTY, J
MR. DEENANATH S/O LATE K ANANDA – Appellant
Versus
CHANDRAHAS S/O LATE K. ANANDA – Respondent
| Table of Content |
|---|
| 1. petition filed under article 227 to challenge trial court's order. (Para 1 , 2) |
| 2. discussion on burden of proof and evidence sequence in civil trials. (Para 6 , 7 , 8) |
| 3. court's reaffirmation of the plaintiff's rights to lead evidence first. (Para 10 , 12) |
| 4. outcome of the writ petition and directives for the trial court. (Para 14) |
ORAL ORDER
1. This writ petition under Article 227 of the Constitution of India is filed by the defendant with a prayer to set aside the order dated 10.11.2021 passed in O.S.No.193/ 2019 by the Court of Principal Senior Civil Judge and CJM, Mangaluru, D.K., on the memo dated 27.09.2021 filed on behalf of the plaintiffs.
2. Heard the learned counsel appearing for the parties.
3. Plaintiffs have filed O.S.No.193 of 2019 before the jurisdictional civil Court, Mangaluru D.K, District against the petitioner herein seeking the relief of partition and separate possession of the suit schedule 'A' property and to allot 1/5th share each in the suit schedule 'A' property. The petitioner / defendant had opposed the suit claim by filing a detailed written statement and it was contented that the father of the plaintiffs and defendant, namely K. Ananda h
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