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1958 Supreme(Online)(Kar) 1

IN THE HIGH COURT OF KARNATAKA
A. NARAYANA PAI, J
Kittamma and another – Appellant
Versus
Subba Rai and another – Respondent


ORDER

1. The petitioners before me have filed Original Suit No. 7/1958before the Court of the District Munsiff of Mangalore for a declarationthat the order of eviction passed by the appellate authority (thePrincipal Subordinate Judge of South Kanara) in Civil MiscellaneousAppeal No. 11/1955 on his file is without jurisdiction, ultra vires and isa nullity, and for an injunction restraining the defendants (respondentsbefore me) from executing the said order and taking possession of thehouse, door No. 22-4, with its outhouses and appurtenant land withoutpayment of compensation for the said house.

2. Along with the plaint they filed interlocutory application No. 14 of1956 under S. 151 and O. 39 Rr. 1 and 2 of the Code of Civil Procedurefor the issue of a temporary injunction to restrain the respondents fromexecuting the aforesaid eviction order and obtaining possessionthereunder pending disposal of the suit. An ex parte injunction wasgranted, but the same was vacated after notice by the order dated 12-2-1958. The petitioners appealed against it in Civil Miscellaneous AppealNo. 2/1958 on the file of the Court of the District Judge, South Kanara.That appeal was also dismissed. The revision




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