This Miscellaneous First Appeal was disposed of by allowing the appellant to proceed with the main suit for title and injunction. The Court made it clear the respondent cannot claim equity if the appellant succeeds in the suit.
Disposed of appeal; Conditioned that respondent waives equity if appellant succeeds in suit.
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.
M.F.A.NO.3378/2021
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER 2021
BEFORE
THE HON’BLE MRS JUSTICE K.S.MUDAGAL
MISCELLANEOUS FIRST APPEAL NO.3378/2021(CPC)
BETWEEN:
SRI.S.PITCHESHWARA RAO S/O LATE SATHYANARAYANA AGED ABOUT 65 YEARS NO.LIG169, 1ST STAGE 11TH B CROSS, YELAHANKA NEW TOWN BANGALORE – 560064 … APPELLANT
(BY SRI.K.MURTHY, ADV.)
AND:
SMT.VEENA M W/O HARISH BABU AGED ABOUT 40 YEARS NO.209, LIG, 4TH MAIN ROAD 1ST STAGE, YELAHANKA NEW TOWN BANGALORE – 560 064 … RESPONDENT
(BY SRI.M.VINAYA KEERTHY,ADV)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(R) OF CPC, AGAINST THE ORDER DATED 15.07.2021, PASSED ON IA NO.1 IN O.S.NO.531/2021, ON THE FILE OF THE VI ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU DISMISSING IA NO.1 FILED UNDER ORDER 39 RULES 1 AND 2 READ WITH SECTION 151 OF CPC.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT THROUGH VIDEO CONFERENCE DELIVERED THE FOLLOWING:
M.F.A.NO.3378/2021
2
J U D G M E N T
Heard both side.
M.F.A.NO.3378/2021
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Respondent traces his title through M.V.Narasaraju and M.V.Narayanaraju in turn K.V.Venkatesh and M.V.Varadaraju and V.Vijayalakshmi. Both are relying on several registered documents. The identity of the subject matter of the suit is also in dispute.
that, the appeal may be disposed of forfeiting the defence of equity to the respondent.
M.F.A.NO.3378/2021
4
7. Learned counsel for the respondent
undertakes that if at all the appellant succeeds in the suit, respondent will not claim any equity.
It is made clear that if the appellant/plaintiff succeeds in the suit, respondent/defendant is not entitled to claim any equity.
Sd/JUDGE
akc
2 issues framed by the court
Whether the appeal against the dismissal of an application for temporary injunction should be allowed.
Whether the respondent can claim equity despite the dismissal of the injunction application.
3 provisions across 3 enactments
SRI.S.PITCHESHWARA RAO
SMT.VEENA M
K.S.MUDAGAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
