Challenge to a decree dismissing an injunction suit. The High Court disposed of the second appeal by reserving liberty to parties to apply to the competent court for regularization of unauthorized occupation.
Regular Second Appeal disposed of reserving liberty to parties to apply to competent court for regularization of unauthorized occupation.
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 30TH DAY OF AUGUST 2021
BEFORE
THE HON’BLE MR. JUSTICE E.S.INDIRESH
R.S.A. No.2613/2010
BETWEEN:
SHAFIULLA S/O HALYATH KHAN AGED ABOUT 36 YEARS R/AT BETTABENAJENAHALLI KOLAR TALUK AND DISTRICT-563 101.
... APPELLANT
(BY SRI B N MURALIDHAR, ADVOCATE)
AND:
C N SUJATHAMMA W/O L SRINIVASA AGED ABOUT 39 YEARS R/AT BETTABENAJENAHALLI KOLAR TALUK AND DISTRICT-563 101.
... RESPONDENT
(BY SMT. H R ANITHA, HCGP)
THIS R.S.A. IS FILED U/S. 100 OF CPC AGAINST THE JUDGMENT & DECREE DATED 04.06.2010 PASSED IN R.A.NO.98/2009 ON THE FILE OF THE PRINCIPAL CIVIL JUGE (SR.DN) AND CJM, KOLAR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 02.06.2009 PASSED IN OS.NO.199/2006 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE (JR.DN) KOLAR.
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THIS R.S.A. COMING ON FOR ORDERS THIS DAY, THE COURT, DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel appearing for the appellant has
filed a memo dated 25.08.2021 stating that the suit filed by the appellant seeking the relief of permanent injunction came to be dismissed by the trial court against which the appellant has filed an appeal in RA No.98/2009 on the file of First Appellate Court, which came to be allowed by the First Appellate Court on 04.06.2010. It is submitted that both the Courts below have reserved liberty to the appellant as well as the defendant to make appropriate application seeking regularization of unauthorised occupation.
In view of liberty reserved by both the Courts below, this Regular Second Appeal is disposed of in terms of memo dated 25.08.2021 reserving liberty to the parties to make appropriate application before the competent court seeking regularization of unauthorised occupation. If such an application is being filed by the
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parties, the competent court shall consider the same in accordance with law and without being influenced by the judgment passed in this appeal.
Sd/JUDGE
SB
2 issues framed by the court
Whether the High Court should dispose of the second appeal given limited liberty reserves by lower courts regarding regularization of unauthorized occupation.
Whether the parties are free to apply for regularization of unauthorized occupation in the competent court.
1 provisions across 1 enactments
Shafulla S/o Halyath Khan
C N Sujathamma W/o L Srinivasa
E.S. Indires
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
