SMT. SATYABHAMA Vs. SHRI. HALAPPA

JUDGEMENT

(1.) This petition is directed against the impugned order dated 11.07.2017 passed on issue No.5 in O.S.No.30/2010 by the Civil Judge, Banahatti, whereby the trial Court answered issue No.5 in the negative by passing the impugned order.

(2.) Heard learned counsel for the petitioner, learned counsel for the respondents and perused the material on record.

(3.) The material on record indicates that in the aforesaid suit filed by respondent No.1 against the petitioner and other respondents, the petitioner herein was arrayed as defendant No.1. After completion of the pleadings, trial Court framed eight issues including issue No.5 with regard to whether the suit was barred under Order II Rule 2 of CPC as contended by petitioner / defendant No.1. After hearing the parties, the trial Court proceeded to pass the impugned order answering issue No.5 in the negative against the petitioner / defendant No.1, who is before this Court by way of the present petition.