VIJAYAKUMAR Vs. RATHNAMMA

JUDGEMENT

(1.) The defendant No.13 has filed the present writ petition against the order dated 14.02.2019 on I.A.1/2017 in O.S. No.5452/2005 allowing the application filed by the plaintiff under Order VI Rule 17 r/w Section 151 of Code of Civil Procedure with cost of Rs.3,000/- payable Rs.1,000/- each to the defendant Nos.2, 4 and 13.

(2.) The respondent herein who is the plaintiff before the trial Court filed the suit for declaration declaring the plaintiff before the trial court is the absolute owner in physical possession of the plaint schedule property by virtue of the registered sale deed dated 23.08.1992 executed by the Anjanappa @ Dodda Anjanappa and praying for cancellation of the sale deed dated 31.10.2003 stated to have been executed by the 1st defendant impersonating himself as Anjanappa @ Muni Anjanappa in favour of 13th defendant as being illegal, void and not binding on the plaintiff and also for cancellation of the compromise final decree passed in O.S. No.927/1997 dated 10.05.1997 insofar as the plaintiff's suit property and for permanent injunction against the defendants restraining from interfering with the peaceful possession and enjoyment of the plaint schedule property.

(3.) Raising various contentions, defendant Nos.2, 3, 6 and 13 filed written statement denied the plaint averments and contended that the suit filed by the plaintiff for declaration is not maintainable and sought for dismissal of the suit.