NATARAJ Vs. K.T. BYRAPPA

JUDGEMENT

(1.) FIFTH plaintiff in OS No. 53/2003, aggrieved by the order dated 1.10.2012, of the Prl. Civil Judge, Jr. Dn. & JMFC, Chikkaballapura, allowing interlocutory applications under Order 18 Rule 17; Order 16 Rules 1 & 2 and Order 8 Rule 1A, read with section 151 CPC, filed by the defendant, has presented these petitions.

(2.) ONE Munegowda, instituted OS No. 53/2003 before the Principal Civil Judge [Jr. Dn.,] & JMFC, Chikkaballapur, arraigning the respondent as defendant for declaration of ownership of land bearing Sy. No. 82/2 measuring 1 acre 39 guntas, of Kuduvathi Village, Nandi Hobli, Chikkaballapur Taluk and for permanent injunction restraining the defendant from interfering with its peaceful possession and enjoyment as well as from damaging the borewell, cutting and removing the standing trees thereon.

(3.) THE Trial Court framed issues where afterwards Munegowda is said to have died and his legal representatives brought on record including the petitioner as 5th legal representative whence an additional written statement was filed by the defendant denying the claim of the legal representatives too.