NAGARAJU Vs. SRINIVAS JADHAV

JUDGEMENT

(1.) This petition is filed challenging the order dtd. 14/10/2022 passed in O.S.No.57/2017 on I.A.No.9 on the file of the Senior Civil Judge, Magadi.

(2.) This petition is listed for admission. Heard the learned counsel appearing for the respective parties.

(3.) This petition is filed against the dismissal order on the application filed under Order VII Rule 11 (a) to (d) of CPC. The said application was filed in the year 2022 that is after the examination of PW1 contending that no documents are produced to seek the relief of declaration since the plaintiffs have sought for the relief of declaration to declare that they are the owners of the suit schedule property. The said application was resisted by the plaintiffs by filing an objection contending that no specific ground is sought out in the application filed under Order VII Rule 11 (a) to (d) of CPC and the grounds urged are not fit in the application filed under Order VII Rule 11 (a) to (d) of CPC. The application is filed only with an intention to protract the proceedings without cross-examining PW1.