Rizwan Pasha Vs Krishnappa

THIS RFA FILED UNDER SEC. 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 18.11.2019 PASSED IN OS.NO. 25677/2008 ON THE FILE OF THE IV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE MAYOHALL UNIT, BENGALURU, DISMISSING THE SUIT FOR INJUNCTION.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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ORAL JUDGMENT

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This appeal by the appellant - plaintiff in O.S.No.25677/2008 is directed against the impugned judgment and decree dated 18.11.2019 passed by the IV Additional City Civil and Sessions Judge, Mayohall Unit, Bangalore (CCH-21), whereby the said suit filed by the plaintiff against the respondents - defendants for permanent injunction and other reliefs in relation to the suit schedule immovable property was dismissed by the Trial Court.

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Along with the present appeal, the appellant - plaintiff has

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filed two applications - I.A.No.3/2025 for permission to produce additional documents under Order XLI Rule 27 CPC., and an

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3 - NC: 2025:KHC:50438 RFA No. 509 of 2020

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HC-KAR

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application - I.A.No.4/2025 under Order VI Rule 17 CPC., for permission to amend the plaint. Both the applications are vehemently opposed by the learned counsel for the respondents.

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After arguing the matter for sometime, learned counsel for the appellant - plaintiff, on instructions, submits that the appeal may be disposed of as withdrawn by reserving liberty in favour of the appellant - plaintiff to institute a fresh suit seeking comprehensive relief, which may be directed to be disposed off by the Trial Court in accordance with law by leaving open all contentions and without being influenced by the findings and observations recorded in the impugned judgment and decree. It is also submitted that the Registry may be directed to return the documents produced along with I.A. No.3/2025 back to the appellant - plaintiff forthwith so as to enable the appellant - plaintiff to file such a fresh/new suit against the defendants.

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Per-contra , learned counsel for the respondents would oppose the said submission and submit that in the event the appellant - plaintiff files such a suit, the respondents - defendants

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4 - NC: 2025:KHC:50438 RFA No. 509 of 2020

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HC-KAR

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would defend the said suit and the respondents - defendants contests the said suit in accordance with law.

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In view of the aforesaid facts and circumstances and the submissions made by both sides, I deem it just and appropriate to dispose of this appeal as withdrawn by issuing certain directions. Accordingly, I pass the following;

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ORDER

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(i) The appeal is hereby disposed of as withdrawn without interfering with the impugned judgment and decree passed by the trial Court.

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(ii) Liberty is granted in favour of the appellant - plaintiff to file a fresh/new suit along with interlocutory applications, if any, which shall be considered by the Trial Court in accordance with law.

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(iii) It is however made clear that in the event the appellant - plaintiff files a fresh/new suit along with interlocutory applications, if any, the Trial Court shall consider and dispose of the said suit and interlocutory applications filed therein without being influenced by

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5 - NC: 2025:KHC:50438 RFA No. 509 of 2020

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HC-KAR

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the findings and observations recorded in the impugned judgment and decree.

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(iv) In the event the appellant - plaintiff filed such a fresh/new suit and interlocutory applications, the respondents - defendants would be entitled to contest/oppose the said suit and all interlocutory applications filed in the said suit in accordance with law.

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(v) All rival contentions between the parties on all aspects of the matter are kept open and no opinion is expressed on the same.

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(vi) Registry of this Court is directed to return back all the documents (31 Nos.) produced along with I.A.No.3/2025 back to the appellant - plaintiff forthwith without any delay.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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NBM

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List No.: 1 Sl No.: 22

Rizwan Pasha v. Krishnappa

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Rizwan Pasha v. Krishnappa

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