SOF YAMMA K.J. Vs. CHANDY ABRAHAM

JUDGEMENT

(1.) This is the plaintiffs appeal assailing the order of the First Addl. Civil Judge (Sr.Dn.), Bangalore Rural District dated 07.02.2008 passed on I.A. No.II in O.S. No.2332/2005. By the impugned order, the trial Court allowed I.A.No.2 filed by the defendant under Order 7, Rule 11 Civil Procedure Code and rejected the plaint.

(2.) The Lower Court Records are received. Heard both Sides. The brief facts of the case are as follows:

(3.) Plaintiff filed O.S. No.5693/2012 before the City Civil Court against the defendant for permanent injunction alleging that taking advantage of the sale deeds in his favour he is attempting to interfere with her peaceful possession and enjoyment of the suit schedule properties. On adjudication O.S. No.5693/1992 came to be dismissed on 11.11.1994 holding that the defendant is in possession of the suit properties. The plaintiff took up the matter in RFA No.714/1992 before this Court. This Court vide judgment dated 15.07.1998 dismissed the said appeal. The plaintiff challenged the said judgment before the Apex Court in C.A. No.36/1999. The said appeal came to be dismissed on 24.03.2004. The plaintiff filed a Review Petition No.(C) 134/04 in that matter which also came to be dismissed on 18.08.2004.