Appeals against property injunction decrees were dismissed as withdrawn by the High Court of Karnataka when the respondent was reported dead, based on a legal memo filed by counsel.
The appeals and applications were dismissed as withdrawn by the Court.
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 AT BENGALURU
DATED THIS THE 1ST DAY OF SEPTEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
R.F.A.NO.395/2009 (INJ) C/W. R.F.A.NO.396/2009 (INJ)
IN R.F.A.NO.395/2009:
BETWEEN:
MR.LEONARD JAMES PAUL, S/O LATE K.M.PAUL, AGED ABOUT 49 YEARS, RESIDING AT NO.201, EAST MANSION, NO.33, HUTCHINS ROAD, COOKE TOWN, BENGALURU-560 005. … APPELLANT
(BY SRI T.V. VIJAY RAGHAVAN, ADVOCATE)
AND:
MR. RAJA JAYASHANKAR, PROP. OF RAJA GALAXY, NO.124, 100 FEET ROAD, 3RD MAIN, 3RD PHASE, J.P.NAGAR,BENGALURU-560 082.
RESIDING AT MR.RAJA JAYASHANKAR, S/O RAJA SRIKANTAIAH SETTY, NO.3, 36TH CROSS, 8TH BLOCK, JAYANAGAR, BENGALURU-560082. ... RESPONDENT
(BY SMT.PUSHPALATHA G., ADVOCATE FOR HOLLA & HOLLA ADVOCATES)
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THIS R.F.A. IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 09.01.2009 PASSED IN O.S.NO.15355/2006 ON THE FILE OF THE XIII ADDITIONAL CITY CIVIL JUDGE, MAYO HALL UNIT, BENGALURU, PERMANENT INJUNCTION.
IN R.F.A.NO.396/2009:
BETWEEN:
SINCE DECEASED BY LR.
1(a) V.VIJAYAKUMAR, S/O LATE P.T.NAIR, AGED ABOUT 54 YEARS, R/AT JERRICHO EPHESIA, PLOT NO.401, 5TH FLOOR 1ST MAIN ROAD, HBR LAYOUT, 4TH BLOCK, BENGALURU-560 043.
(AMENDED VIDE ORDER DATED 04.06.2014)
(BY SRI T.V. VIJAY RAGHAVAN, ADVOCATE)
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AND:
MR. RAJA JAYASHANKAR, PROP. OF RAJA GALAXY, NO.124, 100 FEET ROAD, 3RD MAIN, 3RD PHASE, J.P.NAGAR, BENGALURU-560 078.
RESIDING AT MR.RAJA JAYASHANKAR, S/O RAJA SRIKANTAIAH SETTY, NO.3, 36TH CROSS, 8TH BLOCK, JAYANAGAR, BENGALURU.
... RESPONDENT
(BY SMT. PUSHPALATHA G., ADVOCATE FOR HOLLA & HOLLA ADVOCATES)
THIS R.F.A. IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 09.01.2009 PASSED IN O.S.NO.15353/2006 ON THE FILE OF THE XIII ADDITIONAL CITY CIVIL JUDGE, MAYO HALL UNIT, BENGALURU, DISMISSING THE SUIT FOR RELIEF OF PERMANENT INJUNCTION.
THESE APPEALS COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
The learned counsel for the appellants has filed a memo seeking permission of this Court to withdraw the appeals, since the respondent is reported to have died on 15.02.2018.
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and 4/2018 in R.F.A.No.395/2009 and I.A.Nos.1/2018, 2/2018 and 3/2018 in R.F.A.No.396/2009 are dismissed as not pressed.
documents after obtaining the xerox copies.
Sd/JUDGE
MD
MR.LEONARD JAMES PAUL
MR. RAJA JAYASHANKAR
MS.BABY SHARON PAULINE MONICA
MR.SELVA RUBY SHOBANA
V.VIJAYAKUMAR
H.P. SANDESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
