In this regular second appeal against a permanent injunction order, the court dismissed the appeal as nothing survived for consideration due to a pending related suit regarding the same subject matter.
The regular second appeal filed by legal representatives of the original plaintiff was dismissed as nothing survived for consideration.
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:11336 RSA No. 955 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
REGULAR SECOND APPEAL NO.955 OF 2018 (INJ)
BETWEEN:
SRI PALANI (DIED BY LR’s)
a. VISHALAKSHI, W/O. PALANI AGED ABOUT 67 YEARS,
AGED ABOUT 41 YEARS,
Digitally signed by SUMA B N Location: High Court of Karnataka
AGED ABOUT 37 YEARS,
ALL ARE RESIDENCE AT NO.3550, 7TH CROSS,
EXTENSION NANJANGUD TOWN–571301, MYSORE DISTRICT. ... APPELLANTS
(BY SRI P. MAHESHA, ADVOCATE)
AND:
NC: 2024:KHC:11336 RSA No. 955 of 2018
AGED ABOUT 40 YEARS, R/O. GATTAVADIPURA VILLAGE, KAVALANDE HOBLI, NANJANGUD TALUK – 571301, MYSURU.
(BY SRI B. SHARATH KUMAR, ADVOCATE FOR R-3; NOTICE TO R-1 & R-2 ARE SERVED & UNREPRESENTED)
THIS RSA IS FILED UNDER SECTION 100 OF CPC, 1908 AGAINST THE JUDGMENT AND DECREE DATED 17.02.2016 PASSED IN R.A.NO.71/2014, ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., NANJANGUD ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 07.10.2014 PASSED IN O.S.NO.155/2009 ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC., NANJANGUD TRIAL COURT DECREED THE SUIT. APPELLATE COURT ALLOWED THE APPEAL THE SUIT FOR PERMANENT INJUNCTION.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is by the legal representatives of the
original plaintiff aggrieved by the judgment and decree dated 17.02.2016 in R.A. No.71/2014 on the file of the
Senior Civil Judge and JMFC, Nanjangud (First Appellate Court) by which, the First Appellate Court while allowing the appeal filed by respondent No.3/defendant No.3 and has set-aside the judgment and decree dated 07.10.2014 passed in O.S No.155/2009 on the file of the Principal Civil Judge and JMFC, Nanjangud.
the judgment and decree dated 07.10.2014, decree of permanent injunction was granted in favour of the plaintiff restraining the defendants from interfering with the peaceful possession and enjoyment of the plaintiff over the suit schedule property being a vacant site bearing Sy. No.1316 measuring East to West 40 feet and North to South 60 feet situated at Neelakantanagara, behind Kabini and Police Quarters, Nanjangud Town.
NC: 2024:KHC:11336 RSA No. 955 of 2018
set aside the said judgment and decree passed by the Trial
Court. Being aggrieved by the same, the present appeal.
NC: 2024:KHC:11336 RSA No. 955 of 2018
the pending suit between the parties in accordance with law.
Sd/JUDGE
MBM List No.: 1 Sl No.: 19
1 issue framed by the court
Whether the present appeal for permanent injunction survives considering existence of another related suit pending between the parties.
Vishalakshi
P. Babu
P. Sunderraj
P. Chandrashekar
A.P. Vasantha
G. Venkatachala
M.G.S. Kamal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
