SMT. PUTTAMMA Vs. SRI. RAJEGOWDA

JUDGEMENT

(1.) This writ petition is filed by the plaintiff against the order dated 24.02.2015 passed on IA No.XII in OS No.90/2011 by the Civil Judge (Jr. Dn), Arakalgud rejecting the application filed under Order 16, Rule 1 of Code of Civil Procedure.

(2.) The petitioner/plaintiff filed the suit contending that he is the absolute owner and in possession of the suit schedule property and the defendants have no manner of right, title and interest over the suit schedule property and sought for the relief of declaration and to declare that the sale deed dated 7.3.2011 executed in favour of the 7th defendant is not binding on the plaintiff and consequential relief of permanent injunction in respect of 7 guntas of land morefully described in the schedule to the plaint.

(3.) The defendants filed written statement denying the entire plaint averments and contended that the suit schedule property is the ancestral property of the defendants and they are in possession and enjoyment of the same after partition effected between the parties. Therefore, sought for dismissal of the suit.