SUSHEELAMMA Vs. G. VENKATESHAIAH

JUDGEMENT

(1.) The petitioner, who is the plaintiff in O.S. No.394/2017 on the file of the Additional Civil Judge and JMFC, Gowribidanur [for short 'the civil Court'], has filed this petition impugning the civil Court's order dtd. 28/4/2018 as also the order dtd. 10/10/2018 in Misc. Appeal No.08/2018 on the file of the Senior Civil Judge and JMFC, Gowribidanur [for short 'the appellate Court']. The civil Court by its impugned order dtd. 28/4/2018 has rejected the petitioner's application [I.A. No.1] under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 [for short 'CPC'] and the appellate Court, has by its impugned order dtd. 10/10/2018, has confirmed the civil Court's order.

(2.) The petitioner's case is as follows:

(3.) The respondents have denied the plaint averments but without setting up any title or right to possession in them and in fact, they contend that Sri. H. Narayanappa is the absolute owner in possession of the subject property. The civil Court has rejected the petitioner's application after referring to the sale deed in favour of the petitioner's grandfather and the revenue records, including the survey proceedings relied upon by the petitioner, opining that the petitioner has not established any material to show her possession of the subject property. It has also observed that the revenue records undisputedly stand in the name of Sri. H. Narayanappa, son of Hanumaiah.