Appeal and cross-objection arising from dismissal of an injunction suit were dismissed because the plaintiff had sold the suit property during pendency of the suit, losing locus standi; parties left free to litigate in the subsequent purchaser's pending declaration suit.
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:38775 RFA No. 2024 of 2024 C/W RFA.CROB No. 28 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO. 2024 OF 2024 (INJ)
C/W
RFA CROSS OBJECTION NO. 28 OF 2024 (POS) IN RFA No. 2024/2024
BETWEEN:
SMT. REVATHI, W/O SRI. L. RAJASHEKAR, AGED ABOUT 49 YEARS, R/A NO.15-204, K.N. ROAD, PUTTUR, ANDHRA PRADESH, NOW HAVING COME TO BANGALORE NO.1, 3RD MAIN, ASTALAKSHMI LAYOUT, PUTTENHALLI MAIN ROAD, J P NAGAR 6TH PHASE, BANGALORE - 560 078.
Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA
(BY SRI. CHANDRAKANTH R. PATEL, ADVOCATE)
AND:
…APPELLANT
NC: 2024:KHC:38775 RFA No. 2024 of 2024 C/W RFA.CROB No. 28 of 2024
(BY SRI. C.S. PRASANNA KUMAR, ADVOCATE FOR SRI. D.C. DEEPAK, ADVOCATE FOR R1; VIDE ORDER DATED 19.09.2024, NOTICE TO R2 TO R5 DISPENSED WITH)
THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 5.07.2024 PASSED IN OS NO.5682/2010 ON THE FILE OF XVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE., DISMISSING THE SUIT FOR PERMANENT INJUNCTION.
NC: 2024:KHC:38775 RFA No. 2024 of 2024 C/W RFA.CROB No. 28 of 2024
IN RFA.CROB NO. 28/2024
BETWEEN:
SRI. M. ASHWATH, S/O K. MUNIYAPPA, AGED ABOUT 51 YEARS RESIDING AT NO.1, C2 AND 3, 23RD MAIN, ARJUN ANTHARA, FLAT NO. 403, 3RD FLOOR, J P NAGAR, V PHASE, BANGALORE - 560 078.
...CROSS OBJECTOR
(BY SRI. C.S. PRASANNA KUMAR, ADVOCATE FOR SRI. DEEPAK D.C, ADVOCATE)
AND:
PRESENTLY AT NO.1, 3RD MAIN, ASHTALAKSHMI LAYOUT, PUTTENAHALLI MAIN ROAD, J.P. NAGAR 6TH PHASE, BANGALORE - 560 078.
NC: 2024:KHC:38775 RFA No. 2024 of 2024 C/W RFA.CROB No. 28 of 2024
THIS RFA. CROB IN RFA NO. 2024 FILED UNDER ORDER 41 RULE 22 OF THE CPC., AGAINST THE JUDGMENT AND DECREE DATED 05.07.2024 PASSED IN OS NO.5682/2010 ON THE FILE OF THE XVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE, DISMISSING THE SUIT FOR POSSESSION.
THIS RFA AND RFA.CROB, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL JUDGMENT
Patel and Sri. Prasanna Kumar for contesting respondent No.1.
Plaintiff filed a suit in O.S.No.5682/2010 for the relief of permanent injunction. Suit on contest came to be dismissed.
of Smt. Revathi so also counter claim filed by Sri. Ashwanth against Smt. Revathi cannot be considered at all in this appeal.
13. Accordingly, the following :
ORDER
(i) Appeal and Cross-objection (Cross-Appeal) are dismissed.
(ii) It is made clear that dismissal of the appeal and Cross-objection (Cross-Appeal) shall not affect the rights
of the parties including the subsequent purchaser Sri. Parthasarathi Naidu in the pending in O.S.No.5233/2024
and parties are at liberty to canvass their respective contentions before the Court.
(iii) Learned Judge who is now seized of O.S.No.5233/2010, shall dispose of the said suit strictly in accordance with law uninfluenced by the observations made by the learned Trial Judge in O.S.No.5682/2010.
(iv) It is also made clear that admissions made by
the respective parties would not be allowed to be withdrawn and it can only with explained.
(v) No order as to costs.
Sd/(V SRISHANANDA) JUDGE
SNC List No.: 1 Sl No.: 16 CT: BHK
2 issues framed by the court
Whether the appeal by the original plaintiff survives after she sold the suit property during pendency of the suit.
Whether a bare suit for permanent injunction by the transferor-plaintiff is maintainable after pendente lite sale.
2 provisions across 1 enactments
Smt. Revathi
Sri. M. Ashwath
Sri. Muniyellappa
Sri. Gurudev
The District Registrar Office
The Sub-Registrar JP Nagar
V Srishananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
