Plaintiff's suit for permanent injunction over granted land was dismissed by both courts below on findings that the defendant held the grant and possessed the property. The High Court found no substantial question of law and dismissed the second appeal at admission stage.
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NC: 2024:KHC:39679 RSA No. 433 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 433 OF 2024 (INJ)
BETWEEN:
SMT. K.H. PRABHAVATHI, D/O NAGESHA, AGED ABOUT 51 YEARS, R/O MENASOOR VILLAGE, N.R PURA TALUK, BY HER GPA HOLDER SRI. SHIVASIDDHARTHA N., S/O D. NAGESH, AGED 27 YEARS, R/O MENASOOR VILLAGE, N.R. PURA TALUK, CHIKMAGALURU, DISTRICT -577 134.
…APPELLANT
Digitally signed by SHARMA ANAND CHAYA Location: High Court of Karnataka
(BY SRI. H. MALATESH, ADVOCATE)
AND:
SMT. KUMARI BAYI, W/O DEVARAJA, AGED 49 YEARS, R/O MENASOORU VILLAGE, N.R PURA TALUK, CHIKMAGALURU, DISTRICT -577 134.
…RESPONDENT
(BY SRI. SANDESH KUMAR M., ADVOCATE)
NC: 2024:KHC:39679 RSA No. 433 of 2024
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 26.09.2023 PASSED IN RA NO.20/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, N.R.PURA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 25.11.2022 PASSED IN OS.NO.14/2018 ON THE FILE OF THE CIVIL JUDGE AND JMFC, N.R.PURA.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE E.S.INDIRESH
ORAL JUDGMENT
the judgment and decree dated 26.09.2023 passed in R.A.No.20/2023 on the file of Senior Civil Judge and JMFC, N.R. Pura, Chikmagaluru Distrist, dismissing the appeal and confirming the judgment and decree dated 25.11.2022 in O.S.No.14/2018 on the file of Civil Judge and JMFC, N.R. Pura, dismissing the suit of the plaintiff.
2. For the sake of convenience the parties are referred to as per their ranking before the Courts below.
NC: 2024:KHC:39679 RSA No. 433 of 2024
the file of the Trial Court seeking permanent injunction against the respondent/defendant.
NC: 2024:KHC:39679 RSA No. 433 of 2024
Trial Court after considering the material on record by its judgment and decree dated 25.11.2022 dismissed the suit and feeling aggrieved by the same plaintiff has preferred R.A.No.20/2023 on the file of the First Appellate Court and
same was contested by the defendant. The First Appellate Court after re-appreciating the material on record by its judgment dated 26.09.2023 dismissed the appeal, consequently confirmed the judgment and decree in O.S.No14/2018. Feeling aggrieved by the same the plaintiff has preferred this Regular Second Appeal.
appearing for the appellant and Sri Sandesh Kumar M., learned counsel appearing for the respondent.
NC: 2024:KHC:39679 RSA No. 433 of 2024
appearing for the respondent sought to justify the impugned judgment and decree passed by both the Courts below and contended that, the schedule property has been granted in favour of the defendant as per Exs.D3 to D5 and accordingly submitted that both the Courts below have concurrently held that the plaintiff is not in possession of the suit schedule property. Accordingly, sought for dismissal of the appeal.
NC: 2024:KHC:39679 RSA No. 433 of 2024
question of law as required under Section 100 of the Code of Civil Procedure. Accordingly the appeal is dismissed at
the stage of admission.
SD/- (E.S.INDIRESH) JUDGE
NG List No.: 1 Sl No.: 38
2 issues framed by the court
Whether the plaintiff established possession of the suit schedule property so as to sustain a suit for permanent injunction.
Whether the second appeal raised a substantial question of law warranting interference under Section 100 CPC.
1 provisions across 1 enactments
Smt. K.H. Prabhavathi
Smt. Kumari Bayi
E.S. Indiresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
