First appeal against a decree for injunction in a suit between neighbouring property holders. On the respondent's memo noting a pending comprehensive suit (O.S.No.5067/2017) covering the same dispute, the appeal was disposed of with the impugned judgment made subject to that suit's outcome.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO. 2250 OF 2023 (INJ)
BETWEEN:
…APPELLANTS
Digitally signed by MALATESH K C
Location: HIGH COURT OF KARNATAKA
(BY SRI. NANJA REDDY P.N., ADVOCATE)
AND:
SRI. K. JAYAPRAKASH, S/O C. ANANTHA BHAT, AGED ABOUT 45 YEARS, R/AT NO. 62, SRIDEVI LAYOUT EXTENSION, MEDARAHALLI, CHIKKABANAVARA POST, BENGALURU 560 073
…RESPONDENT
(BY SRI. C. SHANKAR REDDY, ADVOCATE)
THIS RFA IS FILED UNDER SECTION 96 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 05.09.2023 PASSED IN OS.No.4963/2017 ON THE FILE OF THE V ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR INJUNCTION.
NC: 2024:KHC:36986 RFA No. 2250 of 2023
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL JUDGMENT
Learned counsel for the respondent has filed a memo of even date, which reads as under :
"The respondent above named submits that the appellants herein have already filed a comprehensive suit in OS no.5067/2017 on the file of the V Additional City Civil and Sessions Judge at Bengaluru [CCH-13]. The respondent herein has been arrayed as 3rd defendant in the said suit. The said suit is pending disposal. In the impugned judgment at internal paragraph no.11 page no.17 there is a reference to the said suit.
In view of the pendency of the comprehensive suit, the above appeal may be dismissed and the parties may be directed to abide the judgment and decree that may be passed in the suit bearing OS no.5067/2017 on the file of the V Additional City Civil and Sessions Judge at Bengaluru [CCH-13].
Pray for orders accordingly."
NC: 2024:KHC:36986 RFA No. 2250 of 2023
passed :
ORDER
i) Appeal stands disposed of;
ii) The judgment and decree which is impugned in the present appeal will be subject to the outcome of O.S.No.5067/2017 pending on the file of V Additional City
Civil And Sessions Judge, Bengaluru (CCH.13);
iii) It is made clear that in the event appellant succeeds in
the said suit, respondent in the present appeal who is plaintiff in O.S.No.4963/2017 shall not plead any equity.
I.A.1/2023 is also disposed of accordingly.
Sd/(V SRISHANANDA) JUDGE
List No.: 1 Sl No.: 51
rs
1 provisions across 1 enactments
Sri. M. Gopal
Sri. Manjunath R.
Sri. K. Jayaprakash
V Srishananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
