RAJAGOPAL Vs. NAGARATHNA D HOLLA

JUDGEMENT

(1.) This matter is listed for admission. Heard the learned counsel for the petitioner.

(2.) This petition is filed against the order dtd. 26/6/2023, orders on objection raised by the learned counsel for defendant No.2, passed in S.C.No.990/2019, on the file of the VIII Additional Judge and ACMM, C/c X Additional Judge and ACMM, Court of Small Causes, Bengaluru, rejecting the contention of defendant No.2 that the suit is not maintainable and the said objection is raised orally and not by filing any application when the case was set down for cross-examination of P.W.1.

(3.) The main contention of the petitioner is that already they have filed P & SC No.156/2016 before the Hon'ble CCH-16, Bengaluru, against the present plaintiffs, they are legatees under the Will, the present plaintiffs are sisters of the original owner of the suit properties by name Sathyanarayana, they are noway concerned to the said property, they are not entitled for the relief of eviction. During the pendency of P & SC No.156/2016, this S.C.No.990/2019 filed by the present plaintiffs is not maintainable.