The High Court at Bengaluru disposed of MSA No.84/2020 by dismissing the appeal after it was withdrawn by counsel on the ground that the impugned judgment had already been set aside in MSA No.85/2020. The order contains no substantive reasoning.
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.
MSA NO.84/2020
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF SEPTEMBER, 2021
BEFORE
THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ
M.S.A. NO.84 OF 2020 (RO)
BETWEEN:
CAMIL MARK PAIS AGED ABOUT 82 YEARS S/O. LATE MARCEL PAIS "KOLBETTU HOUSE" TALIPADY VILLAGE POST: AIKALA - 574 141 MANGALORE TALUK, D.K. ... APPELLANT
(BY SRI. SANGAMESH AND SRI. CHANDRANATH ARIGA K, ADVOCATE-PH)
AND:
MSA NO.84/2020
2
(BY SRI. JAYAKARA SHETTY H, ADVOCATE FOR C/R1-VC)
THIS MSA FILED UNDER ORDER 43 RULE 1(U) OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 29.11.2019 PASSED IN RA.NO.105/2015 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, AND ACJM, MANGALURU.D.K, (ITINERARY AT MODDABIDRI), ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 21.02.2013 PASSED IN O.S.NO.86/2005 ON THE FILE OF THE CIVIL JUDGE AND JMFC, MOODBIDRI, DISMISSING THE SUIT FOR PERMANENT INJUNCTION AND MANDATORY INJUNCTION, REMANDING BACK MATTER TO THE TRIAL COURT FOR FRESH DISPOSAL AS PER LAW.
THIS MSA COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
JUDGMENT
Sd/JUDGE
KTY
Camil Mark Pais
Valerian Pais
Herald Pais
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
