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2025 Supreme(Online)(Kar) 41350

THE HIGH COURT OF KARNATAKA
K.MANMADHA RAO
MR. K. M. DASTAGIR SAB ALIAS K. M. DASTAGEER SAB – Appellant
Versus
SMT. V. VARALAKSHMI – Respondent


CAV ORDER

1. This writ petition has been filed seeking to quash/set aside the order dated 10.10.2022 passed by the II Additional Senior Civil Judge, at Bengaluru in O.S.No.1280/2020 and restore the suit in O.S.No.1280/2020 and also to dismiss I.A.No.II filed under Sections 5 and 8 of the Arbitration and Conciliation Act, 1996.

2. The petitioner herein is the plaintiff before the Trial Court and respondents Nos.1 & 2 are defendant Nos.1 & 2 respectively before the Trial Court.

3. The facts of the case are as follows:

The petitioner is an agriculturist and is the sole and absolute owner of the following properties in Survey No.21/1 measuring to an extent of 3 acres 08 guntas, situated at Chennasandra Village, Hessargatta Hobli, Bangalore North Taluk, as mentioned in Schedule ‘A’ property and Survey No.22/1-P1 measuring to an extent of 1 acre situated at Chennasandra Village, Hessargatta Hobli, Bangalore North Taluk, as mentioned in schedule ‘B’ property. The petitioner purchased schedule A & B properties vide sale deed dated 13.02.2004 and 04.04.2004. The petitioner being in need of funds to meet his legal necessities and as such the petitioner was introduced to the 2nd respondent as kin

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