SHEKHARGOUDA Vs. GIRIJA

JUDGEMENT

(1.) This appeal is filed against the order passed in Civil Misc.No.23/2014 on the file of the Senior Civil Judge, Ranebennur. In terms of the impugned order dtd. 27/4/2017, the petition under Order XLI Rule 17(1) of the Code of Civil Procedure, filed to restore R.A.No.56/2010, by recalling the order dtd. 4/1/2012, dismissing the aforementioned R.A. is rejected.

(2.) Learned appearing for the appellant would submit that, the present appellant was the appellant in R.A.No.56/2010, on the file of the Senior Civil Judge, Ranebennur. He would further submit that, he was defendant No.4 in O.S.No.16/2008, on the file of the Civil Judge, Rabebennur. The said suit was for partition and separate possession. Defendant No.4 also claimed share in the said suit.

(3.) The relationship of the parties is not in dispute. The suit in O.S.No.16/2008 is filed by the plaintiff, who is the daughter of 1st and 6th defendant in the said suit. Defendants No.2 and 4 are the siblings of the plaintiff and defendant No.3 is the husband of defendant No.2.