DODDAKEMPAIAH Vs. SHARADAMMA

JUDGEMENT

(1.) This matter is listed for admission. Heard the learned senior counsel appearing for the petitioners/defendants and the learned counsel appearing for the respondents/plaintiffs.

(2.) In this revision petition, the petitioners have challenged the order of rejection dtd. 6/3/2023 passed on I.A.No.II filed under Order 7, Rule 11(a) and (d) of CPC, in O.S.No.686/2022 on the file of Additional Senior Civil Judge & JMFC., at Magadi, Ramanagar District.

(3.) The factual matrix of the case of the respondents, who are the plaintiffs before the Trial Court is that the suit schedule property originally granted in favour of Chikkathimmaiah and the respondents are the children of Chikkathimmaiah. After the land was granted in favour of Chikkathimmaiah, they are all cultivating the property and even partitioned the property orally. The petitioners/defendants made a false representation before the revenue authorities and mutated the revenue entries with respect to the land behind by Shri Patel Thimmaiah @ Chikkathimmaiah and without their consent and knowledge the revenue entries are changed. It is also stated in paragraph No.10, the same was questioned before the Assistant Commissioner. The Assistant Commissioner directed the mother of these respondents to approach the Civil Court.