Regular first appeal filed against dismissal of suit for permanent injunction. Court dismissed appeal but granted liberty to file comprehensive suit while preserving defendant's right to plead limitation and other defences.
Appeal dismissed. Liberty granted to file comprehensive suit. Defendant permitted to plead limitation and other defences.
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.
NC: 2023:KHC:41673 RFA No. 1194 of 2008
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR FIRST APPEAL No.1194 OF 2008
BETWEEN:
…APPELLANTS
(BY SRI. MANJUNATH HEGDE, ADVOCATE FOR
Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA
SRI. T SESHAGIRI RAO., ADVOCATE)
AND:
MRS KAVERAMMA W/O MR ANJANAPPA, AGED ABOUT 33 YEARS R/A FLOWER GARDEN, BABUSABARAPALYA, KALYANANAGARA POST, K R PURAM HOBLI, BANGLAORE EAST TALUK
…RESPONDENT
(BY SRI. VIVEK.N., ADVOCATE FOR SRI. Y.R.SADASHIVA REDDY & ASSOCIATES)
NC: 2023:KHC:41673 RFA No. 1194 of 2008
THIS REGULAR FIRST APPEAL IS FILED U/S 96 OF THE CODE OF CIVIL PROCEDURE AGAINST THE JUDGEMENT AND DECREE DATED 15.09.2008 PASSED IN OS.No.4831/07 ON THE FILE OF THE XVII ADDL. CITY CIVIL JUDGE, BANGALORE, (CCH-16), DISMISSING THE SUIT FOR PERMANENT INJUNCTION AND ETC.,
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri Manjunath Hegde, learned counsel for the appellants.
ORDER
filed, defendant is at liberty to canvass all possible defences including the question of limitation.
Sd/JUDGE
kcm List No.: 1 Sl No.: 41
3 issues framed by the court
Whether the appeal dismissing the suit for permanent injunction should be disposed of with liberty to file a comprehensive suit.
Whether valuable rights of the defendant regarding limitation and other defences would be lost if the appeal is remanded.
Whether observations made by the Trial Judge in the impugned judgment should affect the merits of the intended comprehensive suit.
1 provisions across 1 enactments
Mr M Chandrappa and Mrs Padmamma
Mrs Kaveramma
V Srischananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
