Allowed

Smt H G Krishnakumari v. the Divisional Controller

Karnataka HC7 Nov 2023RSA/2032/2021

Case brief

AI extract

What is this about?

The Second Appeal concerns a suit for injunction dismissed due to lack of property identity proof. The High Court granted leave to the appellant to withdraw the suit under Order 21 Rule 1(3) CPC with liberty to file a comprehensive suit, disposing of the present appeal.

What did the court decide?

Leave granted to the appellant to withdraw the suit and file a comprehensive suit on the same cause of action.

Smt H G Krishnakumari Vs the Divisional Controller — Property and Title | Karnataka HC (2023)

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1 - NC: 2023:KHC:39587 RSA No. 2032 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM REGULAR SECOND APPEAL NO. 2032 OF 2021 (INJ)

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BETWEEN:

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SMT. H.G. KRISHNAKUMARI, WIFE OF S. NAGARAJ, AGED ABOUT 48 YEARS, OCC: HOUSE WIFE, RESIDING BEHIND M.G. GARRIAGE, NEW BRIDGE ROAD, BHADRAVATHI - 577 301.

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…APPELLANT

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(BY SRI. HIREMATHAD MAHESHIAH RUDRAYYA, ADVOCATE)

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AND:

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Digitally signed by REKHA ANKAIAH Location: High Court of Karnataka

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THE DIVISIONAL CONTROLLER, K.S.R.T.C. DAVANAGERE DIVISION, DAVANAGERE - 577 002.

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THE DEPOT MANAGER, K.S.R.T.C. SHIMOGA DEPOT, SHIMOGA - 577 201.

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…RESPONDENTS

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THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 16.03.2020 PASSED IN RA.No.50/2017 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, BHADRAVATHI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE

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NC: 2023:KHC:39587 RSA No. 2032 of 2021

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DATED 26.07.2017 PASSED IN OS No.300/2008 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND JMFC, BHADRAVATHI.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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The captioned second appeal arises out of an injunction suit simplicitor.

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The plaintiff is asserting his possessary right based on a registered sale deed dated 17.01.2002. Both the Courts have declined to grant injunction on the ground that the identity of the property is not substantiated by the plaintiff. It is in this background, an application is filed under Order 23 Rule 1(3) of CPC seeking leave to withdraw the suit with liberty to file a fresh comprehensive suit on the same cause of action.

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Plaintiff's possessary right is based on a registered sale deed; however, plaintiff has instituted a bare suit for injunction. Since plaintiff is tracing his right through a registered sale deed, the cause shown in the affidavit filed in support of the application needs to be

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3 - NC: 2023:KHC:39587 RSA No. 2032 of 2021

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accepted. Since there are formal defects, the plaintiff is entitled to withdraw the suit and file a comprehensive suit

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on the same cause of action.

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Leave is granted.

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The captioned second appeal is disposed of reserving liberty to the appellant herein to withdraw the suit and file a comprehensive suit on the same cause of

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action.

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Sd/JUDGE

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HDK List No.: 1 Sl No.: 2 CT: BHK

Smt H G Krishnakumari v. the Divisional Controller

Case brief

What is this about?

What did the court decide?

Smt H G Krishnakumari v. the Divisional Controller

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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