SHRIKANTH N.S. Vs. K. MUNIVENKATAPPA

JUDGEMENT

(1.) These appeals by the defendants in the suit would call in question the order passed by the High Court rejecting their writ petition under Article 227 of the Constitution of India which in turn was preferred against the First Appellate Court's common order dtd. 3/1/2022 allowing I.A. No. 2 under Order 11 Rule 14 of the Code of Civil Procedure, 1908 ['CPC'] and I.A. No. 5 seeking permission to raise additional grounds in the first appeal.

(2.) The facts of the case, briefly stated, are that on 19/11/1926, the Government of Mysore granted the subject land to one Kurubettappa, father of respondent no. 1/plaintiff. This land bearing Survey No. 11/2 admeasuring 3 acres 39 guntas situate at Honnakalasapura village, Anekal Taluk was purchased by one Smt. Marakka, grandmother of the appellants by a registered sale deed dtd. 11/10/1939 and mutation was carried out in her name in the year 1939-40. Thereafter, the following proceedings/suits were instituted by the respondents or her mother assailing the said transaction dtd. 11/10/1939:

(3.) When the matter stood thus, the appellants preferred their written statement along with an application under Order VII Rule 11 (a) & (d) of the CPC in O.S. No. 434 of 2011, the present suit. This application was on the plea that respondent no. 1 cannot seek relief in the plaint without having sought cancellation of sale deed dtd. 11/10/1939. The Trial Court, vide its order dtd. 28/10/2013 allowed the appellants' application and rejected the plaint. In the meanwhile, the Special Tehsildar had preferred Criminal Petition Nos. 4360 of 2010 and 5272 of 2010 seeking quashment of criminal proceedings initiated by respondent no. 1 through the private complaint. The High Court allowed the petitions vide order dtd. 29/11/2013 and quashed the criminal proceedings against the Special Tehsildar.