This regular second appeal challenged a judgment dismissing a suit for injunction. Upholding the dismissal, the Court held that an admission made by the plaintiff in revenue proceedings justifies summary dismissal under Order XII Rule 6 of the CPC.
The Regular Second Appeal stands dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
DATED THIS THE 13TH DAY OF JUNE, 2016
BEFORE
THE HON’BLE MR.JUSTICE ANAND BYRAREDDY
REGULAR SECOND APPEAL NO.7006/2009 (INJ)
BETWEEN:
Sri Sidram @ Sidaraya S/o Vithoba Ingalagi, Aged about 52 years, Occupation: Agriculture, Resident of Halalli, Taluk: Indi, District: Bijapur. ( Smt. Ratna Shivayogimath, Advocate ) AND:
… APPELLANT
Sri Mukund Adoptive S/o Gurubal Ingalagi, Aged about 62 years, Occupation: Agriculture, Resident of Halalli, Taluk: Indi, District: Bijapur. … RESPONDENT
(Shri D.P. Ambekar, Advocate for Caveator/Respondent)
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This Regular Second Appeal is filed under Section 100 of Civil Procedure Code��1908, praying to set aside the Judgment and Decree dated 24.11.2008 passed in R.A.No.2/2007 by the Civil Judge (Senior Division), Indi, confirming the Judgment and Decree dated: 27.11.2006 passed in Original Suit No:120/2002 by the Civil Judge (Junior Division), Indi.
This appeal coming on for Admission this day, the Court delivered the following:
J U D G M E N T
The appellant was plaintiff before the trial Court in a suit for bare injunction.
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Consequently, the appeal stands dismissed.
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3 issues framed by the court
Whether an admission made by the plaintiff in revenue proceedings warrants the dismissal of a suit for injunction filed in civil court.
Whether Order XII Rule 6 of the Code of Civil Procedure applies to admissions made outside the pleadings.
Whether the lower court was right in dismissing the suit on the basis of the plaintiff's admission in revenue proceedings.
2 provisions across 2 enactments
Sri Sidram @ Sidaraya
Sri Mukund Adoptive
Anand Byrareddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
