Special First Appeal No.2064 of 2023 admitted. Court observed that the appeal is dismissed with liberty to file a suit for possession or recovery of lease amount, subject to all other available defences.
Appeal dismissed with liberty to file a suit for possession or recovery of lease amount subject to all other defences available to the defendant.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO.2064 OF 2023 (INJ)
BETWEEN:
…APPELLANT
(BY SRI NARASIMHA MURTHY C D, ADVOCATE)
AND:
Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA
PERMANENT ADDRESS SMT GRACY SEQUERIA, C/O 151/1(600/677) MAHINDRA CAR SHOWROOM, OPP IIMB, DORAISANIPALYA, BANNERGHATTA ROAD,
…RESPONDENT
(BY SRI BOPANNA.P.C, ADVOCATE FOR C/R)
NC: 2024:KHC:39609 RFA No. 2064 of 2023
THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 31.08.2023 PASSED IN O.S.NO.7617/2017 ON THE FILE OF THE XXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, CITY, DISMISSING THE SUIT FOR INJUNCTION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL JUDGMENT
Learned counsel for the appellant has filed memo. Memo reads as under:
“Undersigned counsel for the appellant prays that the above case may be dismissed with liberty to file a suit for possessions or recovery of lease amount of Rs.6,40,000/- in the interest of justice and equity.”
In view of the memo, appeal is dismissed as withdrawn with liberty as prayed for.
However, it is made clear that the liberty is subject to all other defences available to the defendant in the intended suit.
Sd/(V SRISHANANDA) JUDGE
MR List No.: 1 Sl No.: 48
3 issues framed by the court
Whether to admit the special first appeal filed under Section 96 of the CPC against the dismissal of the suit for injunction.
Whether to grant the appellant liberty to file a subsequent suit.
Whether costs are to be awarded in this appeal.
1 provisions across 1 enactments
SRI BABU P S/O PERUMAL
SMT GRACY SEQUERIA S/O LATE MR BENEDICT SEQUERIA
V SRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
