Dismissed
Sri M C Srinivas v. Ravindranath
Karnataka HCRSA/557/2023
Case brief
from the order text
What is this about?
2023:KHC:46842 RSA No. 557 of 2023 IN THE…
What the court decided
AI extract
2023:KHC:46842 RSA No. 557 of 2023 IN THE…
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NC: 2023:KHC:46842 RSA No. 557 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM REGULAR SECOND APPEAL NO. 557 OF 2023 (INJ)
BETWEEN:
SRI M C SRINIVAS
S/O LATE CHANDREGOWDA AGED 53 YEARS R/AT VIJAYA NAGARA DODDAMANDIGANAHALLY HASSAN TALUK, HASSAN DISTRICT
…APPELLANT
(BY SMT.D.MANJULA, ADVOCATE FOR SRI. L. SRINIVASA BABU, ADVOCATE)
AND:
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
RAVINDRANATH S/O RAMACHANDRA AGED 57 YEARS
R/O PARK ROAD, HASSAN-573201
…RESPONDENT
THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 16.12.2022 PASSED IN RA.No.52/2020 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, HASSAN, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 21.03.2020 PASSED IN OS No.624/2013 ON THE FILE OF THE VII ADDITIONAL CIVIL JUDGE AND JMFC, HASSAN.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2023:KHC:46842 RSA No. 557 of 2023
JUDGMENT
Both the Courts have dismissed the suit filed by the plaintiff seeking bare injunction on the ground that the present suit for injunction is not maintainable without seeking relief of declaration.
Therefore, a memo is filed seeking withdrawal of the appeal with liberty to file a comprehensive suit.
Memo is taken on record.
Appellant is permitted to withdraw the suit with
liberty to file a comprehensive suit.
Accordingly, appeal is dismissed as withdrawn.
Sd/JUDGE
CA
List No.: 1 Sl No.: 23
1 provisions across 1 enactments
SRI M C SRINIVAS
RAVINDRANATH
SACHIN SHANKAR MAGADUM
As recorded by the court registry
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