LAWS(KAR)-2023-9-100

CHINNASWAMY GOWDA Vs. SHIVARAMU C M

Decided On September 13, 2023
Chinnaswamy Gowda Appellant
V/S
Shivaramu C M Respondents

JUDGEMENT

(1.) This writ petition is filed by the petitioner-plaintiff under Article 227 of the Constitution of India assailing the order dtd. 5/1/2022 passed on I.A.3 filed under Order I Rule 10(2) of Civil Procedure Code (hereinafter referred to as, 'CPC') in O.S.No.198/2020 on the file of Additional Senior Civil Judge, Nelamangala (hereinafter referred to as, 'the trial Court'), whereby the I.A.No.3 was allowed.

(2.) The parties are referred to as per their ranking before the trial Court.

(3.) Brief facts giving rise to filing of this petition are that late Sri.Mariyappa S/o late Sri.Puttegowda, the father of defendant Nos.1 to 5 & father-in-law of defendant No.6 & grand father of defendant Nos.7 & 8, has executed an agreement of sale dtd. 10/6/2016 in favour of the plaintiff in respect of land bearing Sy.No.108 measuring 2 acre 1 guntas situated at Machohalli Village, Dasanapura Hobli, Bengaluru North Taluk.