MANISH RAO AND OTHERS Vs. M/S. RAGHAVA REDDY AND ASSOCIATES, MR. K. RAGHAVA REDDY, MR. K.R. KUMARA REDDY AND MR. K.R. JAYACHANDRA REDDY

JUDGEMENT

(1.) In this writ petition the petitioners have prayed for a writ in the nature of certiorari to quash the order dated 01.10.2012 in O.S. No. 5906/2009 allowing I.A. 2 filed under Section 11 read with Section 6, 7(2), 24(a) and 24(b) of the Karnataka Court Fees and Suits Valuation Act (for short 'the Act') and Order 7 Rule 11(c) CPC. Petitioners are the plaintiffs and respondents are the defendants before the trial Court. In this order, for convenience, the parties are referred to their status before the trial Court.

(2.) PLAINTIFFS filed O.S. No. 5906/2009 against the defendants for the following reliefs: (a) Declare that the Plaintiffs are the absolute owner of the property bearing no. 8/1, Vasanthanagar Main Road, Bangalore and referred to as the Suit Schedule Property. (b) Set aside and cancel the sale deed dated 28.09.2007 executed by the defendants, claiming to be power of attorney holders of the 'Plaintiffs' family members, in favour of the first defendant; (c) Direct the office of this Hon'ble Court to send a copy of the decree to the office of the jurisdictional sub -registrar with a direction to the jurisdictional sub -registrar to note the fact of cancellation on the copy of the sale deed contained in his books; (d) Direct the Defendants by way of a mandatory injunction to deliver and hand over all the original documents pertaining to the Suit Schedule Property, to the Plaintiffs;. (e) Direct the Defendants to hand over possession of the Suite Schedule Property to the Plaintiffs; (f) Permanently restrain the Defendants from in any manner dealing with or interfering with the Suit Schedule Property or the Plaintiffs' possession thereof; (g) Grant such other and further reliefs as may be just and necessary including costs of the suit.

(3.) HEARD arguments on both the side and perused the entire writ papers.