The appeal filed under Section 96 of the CPC against a judgment dismissing a suit for injunction is dismissed as infructuous on the submission and acceptance by the court that the appellant's remedy has been exhausted or rendered ineffective.
Appeal dismissed as having become infructuous.
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:44287 RFA No. 1755 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 1755 OF 2022 (INJ)
BETWEEN:
SMT. B.N. RAGINI, W/O SRI. K. CHANNAPPA, AGED ABOUT 47 YEARS, REPRESENTED BY HER HUSBAND AND POWER OF ATTORNEY HOLDER SRI. K. CHANNAPPA, S/O LATE KEMPAIAH, AGED ABOUT 52 YEARS, BOTH ARE R/AT NO. 47, 16 A MAIN, 4TH BLOCK, NANDINI LAYOUT, BANGALORE - 560 096.
…APPELLANT
Digitally signed by VANDANA S Location: HIGH COURT OF KARNATAKA
(BY SRI. VINOD PRASAD, ADVOCATE)
AND:
SRI. H.N. KRISHNAMURTHY, S/O LATE H.B. NARASIMHAIAH, AGED ABOUT 52 YEARS, R/AT H.No.25, 16TH MAIN, 4TH BLOCK, NANDINI LAYOUT, BANGALORE – 560 096.
…RESPONDENT
THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 03.08.2022 PASSED IN OS.NO. 2599/2018 ON THE FILE OF THE LXVIII ADDITIONAL
NC: 2023:KHC:44287 RFA No. 1755 of 2022
CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, DISMISSING THE SUIT FOR INJUNCTION AND ETC.,
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant files a memo submitting
that the appeal has become infructuous.
infructuous.
Sd/JUDGE
DHA List No.: 1 Sl No.: 42 CT: ABS
Smt. B.N. Ragini, represented by Sri. K. Channappa
Sri. H.N. Krishnamurthy
S.R. Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
