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THE HIGH COURT OF KARNATAKA
MR. S.R.KRISHNA KUMAR, J
SRI AMIT ROY – Appellant
Versus
LATE H.H. JYOTENDRA SINHJI VIKRAMSINHJI (SINCE DEAD REPRESENTED BY HIS LR) – Respondent
| Table of Content |
|---|
| 1. defendant's petition relates to the rejection of an application for additional issues in a civil suit. (Para 1 , 2 , 3) |
| 2. court's analysis focused on the necessity of existing issues for adjudication. (Para 4 , 5) |
| 3. existing findings deemed sufficient; additional issues unnecessary. (Para 6 , 7 , 8) |
ORAL ORDER
This petition by the defendant in O.S.No.38/2015 on the file of the XXXI Addl. City Civil and Sessions Judge, Bangalore, is directed against the impugned order dated 05.03.2024, whereby the application I.A.No.12 filed by the petitioner-defendant seeking framing of two additional issues was rejected by the trial Court.
2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record.
3. A perusal of the material on record will indicate that the respondents-plaintiffs instituted the aforesaid suit against the petitioner-defendant for permanent injunction and other reliefs in relation to the suit schedule immovable properties. The said suit having been contested by the petitioner, the trial Court has framed the following issues;
“(i) Whether the plaintiff proves that he is in lawful possession of the suit schedu
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