H.SURAPPA Vs. MANJAMMA

JUDGEMENT

(1.) The petitioner being the plaintiff in O.S.No.28/2006 on the file of the Principal Civil Judge and JMFC, Hosadurga (henceforth referred to as 'Trial Court' for short), has challenged an order dtd. 24/2/2010, by which the suit was dismissed for non-prosecution. He has also challenged an order dtd. 21/8/2015 passed by the Trial Court in C.Mis.Petition.Unnumbered/2014, by which an application under Order IX Rule 9 of Code of Civil Procedure, 1908, (henceforth referred to as 'CPC' for short) to restore the suit was rejected. The petitioner has also challenged the order dtd. 25/8/2016 passed in M.A.No.7/2016 by the Senior Civil Judge (Jr. Dn.) and JMFC, Hosadurga.

(2.) The parties shall henceforth referred to as they were arrayed before the Trial Court.

(3.) The plaintiff filed a suit for declaration that he is the owner in possession and enjoyment of the suit schedule properties and also sought for a declaration that the sale deed in favour of the defendant No.1 was nominal as it was for the purpose of securing a hand loan borrowed from him.