Smt. G Lakshmi v. Sri. Muniraju C
Case brief
What is this about?
Karnataka High Court, RFA No.1938/2023 (INJ), decided 06.02.2026 by Justice Sachin Shankar Magadum. Withdrawal under Order XXIII Rule 1 CPC of an injunction suit (O.S.No.695/2017, dismissed 13.09.2023) and of the S.96 CPC appeal; title observations in injunction suits held incidental, neither binding nor determinative; plaintiff non-suited for limited relief only; liberty to file comprehensive declaration-of-title suit on same cause of action; defendant No.2 free to raise all defences; all contentions kept open. No precedent cited, no monetary amounts, single-judge bench, no dissent.
What did the court decide?
Leave to withdraw the suit and the appeal granted; appeal and suit dismissed as withdrawn, with liberty reserved to the plaintiff to institute a comprehensive suit for declaration of title and consequential reliefs on the same cause of action; all contentions of all parties expressly kept open.