SHIVANAVVA Vs. MALLAPPA

JUDGEMENT

(1.) This Civil Revision Petition is filed by the petitioners defendants in O.S. No.2/2016 on the file of the Additional Senior Civil Judge and JMFC, Mudhol (for short, 'the Civil Court'). The petitioners have challenged the order dated 10.10.2018 whereby, the Civil Court has rejected the petitioners' application under Order VII Rule 11(d) of CPC for rejection of the plaint.

(2.) The learned counsel for the petitioners and the learned counsel for the respondent are heard and with their consent the petition is taken up for final disposal. The learned counsels for the petitioners and the learned counsel for the respondent submit that the undisputed facts are that:

(3.) It is seen that the plaintiff respondent has filed the present suit in the year 2016, which is almost after a decade from the date of disposal of the Writ Petition in W.P. No.21660/1997, seeking declaration of title to the subject properties and for permanent injunction. The plaintiff respondent has adverted to these admitted facts, but has sought to substantiate his prayer for declaration of title and permanent injunction asserting that he is in possession of the subject properties as a legatee and his rights as a legatee under the Will dated 14.11.1979 would prevail over the Land Tribunal's order dated 25.06.1997 in favour of Sri.Shivalingappa S/o. Ramappa Manikshetty.