N.M.VENKATESH Vs. KASTURIBHA KANYA VIDYALAYA

JUDGEMENT

(1.) Petitioners-applicants have filed the present writ petition invoking the writ jurisdiction of this Court for assailing the order dated 03.12.2019 passed by the Court of I Additional Civil Judge and JMFC, Arasikere in O.S. No.255/2011. A copy whereof is at Annexure - H, whereby their application under order I Rule 10 of Code of Civil Procedure, 1908 (for short 'CPC') has been rejected.

(2.) Respondent No.1 herein has filed a suit before the I Additional Civil Judge and JMFC, Arasikere in O.S. No.255/2011 for declaration of title to the suit schedule property and for permanent injunction restraining the defendants from interfering with the suit schedule property and for possession of portion of the suit property (10 guntas) allegedly encroached by the defendants.

(3.) The suit has been contested by the defendants. The defendant Nos. 1, 2, 3, 5, 7, 8, 10, 11 and 12 have filed their written statement disputing the plaint averments.