61/1 had fallen to his share in a partition of the family properties in 1980 and 1986 and the remaining land was purchased by him in a public auction.
Revision application filed by the appellant has been dismissed by the High Court by reason of the impugned judgment.
The cause of action for filing the said companynter claim was said to have arisen on 19.2.1997, when the suit was filed and in the end of summer of 1998 when the plaintiff tresspassed and encroached upon the lands belonging to them.
Their names were mutated in the revenue record of rights.
Respondents had filed a suit against the appellant which was marked as O.S. No.
An order of interim injunction was passed therein on the premise that he under the garb of ex parte interim injunction started making attempts to interfere with the possession of the appellant in the scheduled properties.
67 of 1996.
Respondent filed a written statement on 21.3.1997 companytending that he had purchased the said properties in terms of an order passed by the Assistant Registrar of Cooperative Societies, Kodagu, Madikeri.
1959 OF 2008 Arising out of SLP C No.
11131 of 2007 B. SINHA, J. Leave granted.
54 of 1997 was filed in the Court of Civil Judge, Senior Division at Virajpet on 19.2.1997.
CIVIL APPEAL NO.
In the said companynter claim, it was companytended that the land bearing Survey No.
On or about 4.1.2006, inter alia on the premise that the plaintiffs have dis possessed the respondents in the year 1998, an application for leave to file companynter claim was filed.
Whether a companynter claim is permissible to be filed after filing of a written statement, is the companye question involved herein.
Appellant filed a suit against the respondent claiming title and possession over the property in suit.
O.S. No.
