Allowed

Shri B R Suryaprakash v. Shri R S Kodandaram

Karnataka HC3 Jun 2024CRP/12/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed an application under Order 23 Rule 1 CPC permitting petitioners to withdraw the underlying suit and the present revision petition with liberty to file fresh proceedings to seek possession of the disputed property. The claim of adverse possession by the respondent was left open.

What did the court decide?

Petitioners permitted to withdraw the Small Cause Suit and Revision Petition with liberty to file fresh proceedings for possession.

Shri B R Suryaprakash Vs Shri R S Kodandaram — Civil Procedure and Limitation | Karnataka HC (2024)

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NC: 2024:KHC:19209 CRP No. 12 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ CIVIL REVISION PETITION NO. 12 OF 2022 (SC)

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BETWEEN:

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SHRI B R SURYAPRAKASH S/O LATE B N RAGHURAMAIAH SETTY AGED ABOUT 66 YEARS

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SMT CHANDRIKA W/O B R SURYAPRAKASH AGED ABOUT 61 YEARS

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BOTH R/AT ‘SAI SOHAN SERENITY’ FLAT NO.201 2^ND FLOOR BSK III STAGE, ITTAMADU BENGALURU-560085.

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…PETITIONERS

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(BY SRI. V B SHIVA KUMAR.,ADVOCATE)

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AND:

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Digitally signed by NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA

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SHRI R S KODANDARAM S/O R S SATHYANARAYANA SETTY AGED ABOUT 70 YEARS R/AT NO.171/1 OUTHOUSE I FLOOR, R V ROAD, MAVALLI V V PURAM BENGALURU-560004

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ALSO AT EASTERN PORTION OF FIRST FLOOR PREMISES NO.171/1 R V ROAD V V PURAM BENGALURU-560004.

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…RESPONDENT

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NC: 2024:KHC:19209 CRP No. 12 of 2022

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(BY SRI. ANAND N S.,ADVOCATE)

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THIS CRP IS FILED UNDER SECTION 18 OF THE SMALL CAUSES COURTS ACT PRAYING TO SET ASIDE THE ORDER DATED 09.11.2021 PASSED IN SC No.733/2019 ON THE FIE OF THE VIII ADDITIONAL JUDGE,AND ACMM, COURT OF SMALL CAUSES, BENGALURU (SCCH-5)AND ETC.

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THIS CRP, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners are before this Court seeking for the

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following reliefs:

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1. Set aside the order dated 09.11.2021 passed by the VIII Addl. Judge & ACMM, Court of Small Causes, Bengaluru (SCCH-5) in S.C.No.733/2019.

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2. Call for the records of the Court below.

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3. Allow the Revision Petition with costs.

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An application under Order 23 Rule 1 of the Code of Civil Procedure has been filed seeking for the following reliefs:

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MEMORANDUM OF APPLICATION UNDER XXIII RULE 1 OF THE CODE OF CIVIL PROCEDURE

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That for the reasons stated in the accompanying affidavit the Petitioners in the above case respectfully pray that this Hon'ble court may be pleased to permit the Petitioners to withdraw the Small Cause Suit in S.C.No.733/2019 pending on the file of the Small Causes Court at Bengaluru and also the above Revision Petition with a liberty to petitioners to issue

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3 - NC: 2024:KHC:19209 CRP No. 12 of 2022

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appropriate notice to the Respondent and to proceed to seek possession of the Respondent as Respondent is in permissive possession of the schedule premises which is described in the schedule given hereunder in the interest of justice and equity.

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SCHEDULE

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All that piece and parcel of Eastern portion of first floor premises bearing No.171/1, Rashtreeya Vidyalaya Road, Vishveshwarapuram, Bengaluru-560 004 measuring 7 Squares and bounded on:

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East by: Private Property;

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West by: Remaining property;

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North by: Stair case;

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South by: Passage and then private property

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Sri V.B. Shivakumar, learned counsel for the petitioner would submit that liberty may be reserved to the petitioner to file a fresh proceedings seeking possession of the property since the respondent is in permissive possession. Learned counsel for the respondent, however, submits that the respondent has a claim for adverse possession in relation to the very same property.

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In that view of the matter, since the application filed by the petitioner is allowed. The petitioner is permitted to

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NC: 2024:KHC:19209 CRP No. 12 of 2022

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withdraw the above petition with liberty to file fresh and appropriate proceedings.

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All contentions raised by the respondent are left open. The suit if and when filed, to be dealt with in accordance

with law.

Sd/JUDGE

List No.: 1 Sl No.: 78

Shri B R Suryaprakash v. Shri R S Kodandaram

Case brief

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Shri B R Suryaprakash v. Shri R S Kodandaram

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