MUKESH JAIN Vs. SANDHYA E RAO

JUDGEMENT

(1.) This is a plaintiffs appeal questioning the correctness and legality of judgment, and decree passed in O.S. No. 71 13/2006 by the XXIV Additional City Civil Judge. Bangalore dated 12.10.2007 whereunder plaintiffs suit for declaration and perpetual injunction to declare as null and void the judgment and decree passed in SC. No. 2183/2003 on the file of the Chief Judge, Court of Small Causes has been dismissed. This Court by order dated 26.6.2008 had ordered for securing the trial Court records and same has been received. Hence, by consent of learned Advocates the appeal is taken-up for final hearing at the stage of admission itself.

(2.) The facts in nutshell leading to the filing of this appeal are as under:

(3.) It is pertinent to state at this juncture that during the pendency of the above said SC. No. 2183/2003 the appellant herein had filed an application under Order 1 Rule 10(2) to get himself impleaded and on 29.06.2006 the said application came to be rejected which has reached finality inasmuch as there being no challenge to the said order. Subsequently on 07.07.2006 the judgment and decree has been passed in SC. no 2183/2003 as referred to supra.