Dismissed

Sri Manjunath M.R. v. Sri a Nagaraj

Karnataka HC20 Nov 2023RFA/796/2023

Case brief

AI extract

What is this about?

The court allowed the First Appeal and the origin suit to be withdrawn. The order reserved liberty to both parties to urge contentions in a separate pending suit filed subsequently. The trial court was directed to dispose of the new suit without influence from the dismissed judgment.

What did the court decide?

The First Appeal and the original suit were disposed of as withdrawn, with liberty reserved to both parties to contest the pending subsequent suit.

Sri Manjunath M.R. Vs Sri a Nagaraj — Civil Procedure and Limitation | Karnataka HC (2023)

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NC: 2023:KHC:41641 RFA No. 796 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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REGULAR FIRST APPEAL NO. 796 OF 2023 (INJ)

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BETWEEN:

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SRI. MANJUNATH M.R. S/O SRI. RAMAPPA .M AGED ABOUT 51 YEARS RESIDING AT NO.5 "SAHANA", 4^TH CROSS CHOWDESWARINAGAR LEGGERE, BENGALURU - 560 058.

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…APPELLANT

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(BY SRI: PRADEEP NAIK .K., ADVOCATE)

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Digitally signed by VANDANA S Location: HIGH COURT OF KARNATAKA

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AND:

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SRI. A. NAGARAJ S/O SRI. M. ADAPPA AGED ABOUT 53 YEARS R/AT NO. 44/45 "PRIKSHITH NILAYA' STADIUM ROAD CHITRADURGA - 577 501.

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…RESPONDENT

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(BY SRI: CHANDRASHEKAR .R., ADVOCATE FOR C/R IN CP2811/23)

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THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 07.02.2023 PASSED IN OS NO.1944/2020 ON THE FILE OF THE XLIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT FOR PERMANENT INJUNCTION.

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THIS RFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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NC: 2023:KHC:41641 RFA No. 796 of 2023

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JUDGMENT

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Learned counsel for the appellant has filed a memo seeking withdrawal of the appeal as not pressed.

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In the said memo, it is submitted that the present appeal arise out of the suit for permanent injunction and other reliefs in OS No.1944 of 2020 filed by the appellant - plaintiff against the respondent - defendant in respect of suit immovable property, which was dismissed by the Trial Court.

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It is submitted that subsequent to passing of the impugned judgment and decree, the appellant - plaintiff has instituted one more suit in OS No.1626 of 2023 against the respondent - defendant herein in relation to the very same suit schedule property for declaration, injunction and other reliefs and the said suit is pending adjudication before the Trial Court.

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It is submitted that though in the said suit, which is being contested by the respondent - defendant, appellant - plaintiff has filed an application seeking interim relief, which is also pending adjudication. It is, therefore, submitted that the appellant - plaintiff may be permitted to withdraw the present appeal as well as suit in OS No.1944 of 2020, out of which, the

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NC: 2023:KHC:41641 RFA No. 796 of 2023

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present appeal arises by reserving liberty in favour of the appellant - plaintiff to urge all contentions before the Trial Court in the said suit OS No.1626 of 2023 by leaving open all the contentions between the parties in this regard.

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Per contra, learned counsel for the respondent - defendant submits that in the event appellant - plaintiff is permitted to withdraw the appeal and suit OS No.1944 of 2020, as requested by him, the respondent - defendant would necessarily have liberty to address the suit OS No.1626 of 2023 as well as the applications filed by the parties.

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In view of the aforesaid facts and circumstances

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and the memo filed by the learned counsel for the appellant and the submissions made by both the parties, I deem it appropriate to dispose off the appeal as withdrawn and also directing suit OS No.1944 of 2020 to be disposed off as withdrawn by reserving liberty to both sides to urge their respective contentions in OS No.1626 of 2023 pending before the Trial Court.

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4 - NC: 2023:KHC:41641 RFA No. 796 of 2023

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All rival contentions and all aspects of the matter in OS No.1626 of 2023 are kept open and no opinion is expressed on the same.

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The Trial Court before OS No.1626 of 2023 is pending, is directed to dispose of the suit as well as the pending interlocutory applications, without being influenced by the findings, observations recorded in the impugned judgment and decree passed by the Trial Court.

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Sd/JUDGE

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*bgn/-

Sri Manjunath M.R. v. Sri a Nagaraj

Case brief

What is this about?

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Sri Manjunath M.R. v. Sri a Nagaraj

Case brief

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