This regular first appeal was dismissed as the learned counsel for both parties submitted that possession of the scheduled property had already been handed over/taken, rendering the appeal no more survive.
The appeal was dismissed as it no more survives for consideration upon the submission that possession had already been handed over.
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: 2024:KHC:11698-DB RFA No. 1387 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2024 PRESENT
THE HON'BLE MR JUSTICE S.G.PANDIT
AND
THE HON'BLE MR JUSTICE C.M. POONACHA REGULAR FIRST APPEAL NO. 1387 OF 2016 (RES)
BETWEEN:
HAVING ITS PRINCIPAL PLACE OF BUSINESS AT FIRST FLOOR, NORTH WING, MAHALAKSHMI CHAMBERS, NO.9/2, M.G.ROAD, BENGALURU – 560 001. REPRESENTED BY ITS PROPRIETOR
MR. S.M.DAYANANDA.
Digitally signed by A K CHANDRIKA Location: HIGH COURT OF KARNATAKA
ST. JOHNS ROAD, BENGALURU – 560 042. PROPRIETOR OF M/S CAESARS RESTAURANT.
…APPELLANTS
(BY SRI. SARAVANA S., ADVOCATE)
AND:
REPRESENTED BY ITS MR.J.S.HARIKUMAR.
…RESPONDENTS
(BY MS.ADITHI SHETTY, ADVOCATE FOR MS. TANMAYEE RAJKUMAR., ADVOCATE FOR C/R1 TO R3)
THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE ORDER DATED 09.03.2016 PASSED IN OS NO.9119/2014 ON THE FILE OF THE VI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCCH 11), IN SO FAR AS IT RELATES TO RELIEF SOUGHT IN THE ORDER OF JUDGMENT PARA 2 TO 4 OF TRIAL COURT.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, S.G.PANDIT J., DELIVERED THE FOLLOWING:
JUDGMENT
Sri. Saravana.S., learned counsel for the appellants would
submit that in pursuance to the judgment and decree dated 09.03.2016 in O.S.No.9119/2014 on the file of the VI
Additional City Civil and Sessions Judge, Bengaluru City, the possession of the schedule property has already been handed over.
Registry to return the trial Court records.
Sd/JUDGE
Sd/JUDGE
SMJ
1 issue framed by the court
Whether the appeal survives for consideration given the submission regarding possession of the scheduled property.
M/S. CAESARS RESTAURANT AND MR. S.M. DAYANANDA
M/S. T. SHIVARAM & OTHERS
S.G. PANDIT
C.M. POONACHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
