P.L.NAGARATHNA Vs. H.K.SURESH

JUDGEMENT

(1.) An application vide I.A.No.3/2022 is filed under Order XLI Rule 25 read with Order XIV Rule 5 of CPC with the following prayer:

(2.) I.A.No.3/2022 is supported by an affidavit of P.L.Nagarathna-appellant. In the affidavit it is contended that respondent No.1 filed O.S.No.7459/2003 against appellant and respondent No.2 for the relief of declaration of title over the suit schedule property and also to declare that Judgment and decree dtd. 30/11/2022 passed in O.S.No.353/1991 on the file of VIII Additional City Civil Court, Bengaluru is collusive, fraudulent, void and not binding upon the plaintiff and for permanent injunction.

(3.) The defence taken by the defendant in the said suit is that respondent No.2 has lead both oral and documentary evidence on record and therefore per se same is not a collusive decree.