SHASHIKALA RAJENDRA PAI Vs. ARJUN CHANGA SURTE

JUDGEMENT

(1.) By this application under Article 227 of the Constitution of India, the applicant (original defendant No.1) is challenging the order of rejection of application below Exhibit 56 requesting the Trial Court to frame additional issues as prayed in clause (7-a) of the application and to decide the said issues as preliminary issue and to dismiss the suit.

(2.) Respondent Nos.1 to 8 are the plaintiffs who filed suit bearing RCS No.180 of 2008 seeking relief of declaration that the sale deed dtd. 22/11/1995 executed in favor of defendant No.1 be declared as bogus and for cancellation of sale deed. However, relief of injunction not to disturb plaintiffs possession over the suit property and not to create third party right over the suit property has also sought.

(3.) The applicant, therefore, filed an application under Order 14, Rule 2 of the Code of Civil Procedure, 1908 for framing following issues: