Sri N. Venkateshwara Raju vs Sri K. Channarayappa
2022 Latest Caselaw 11315 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 10TH DAY OF AUGUST, 2022

                          BEFORE

        THE HON'BLE MS. JUSTICE JYOTI MULIMANI

    REGULAR FIRST APPEAL No.37 OF 2015 (INJ)

BETWEEN:

SRI. N. VENKATESHWARA RAJU
S/O KRISHNAM RAJU,
AGED ABOUT 42 YEARS,
R/AT NO.117, 8TH MAIN ROAD,
NAGARBHAVI II STAGE,
BANGALORE - 560 072.
NOW CHANGED TO:
MAX CIRCUITS
NO.27, BHADRAPPA INDUSTRIAL ESTATE,
8TH CROSS, KAMAKSHIPALYA II STAGE
MAGADI MAIN ROAD,
BANGALORE - 560 079.                     ...APPELLANT

(BY SRI. JANARDHANA G., ADVOCATE)

AND:

SRI. K. CHANNARAYAPPA
S/O KESHAVAIAH,
AGED ABOUT 72 YEARS,
R/AT NO.6/1, 4TH 'E' CROSS,
NAGARBHAVI ROAD
BANGALORE - 560 072.                    ...RESPONDENT

(BY SRI.RP.P.SOMASHEKARAIAH, ADVOCATE FOR C/R)

       THIS RFA IS FILED UNDER SECTION 96 OF CIVIL
PROCEDURE CODE, 1908.
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      THIS RFA COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:

                          ORDER

Sri.Janardhana.G., learned counsel for appellant has

appeared through video conferencing.

Sri.Somashekaraiah., learned counsel for respondent

has appeared in person.

The captioned appeal is filed by the defendant

challenging the Judgment and Decree dated:25.04.2014

passed by the Court of XXXVII Additional City Civil &

Session Judge (CCH-38) Bengaluru City in

O.S.No.1674/2012.

Suffice it to note that the Trial Court has decreed the

suit and restrained the defendant, his men, agents,

servants, etc., permanently from interfering with the

plaintiff's possession over the suit property in any manner.

While addressing argument, it is brought to the

notice of the Court that during the pendency of the

injunction suit, the defendant has initiated action against

the plaintiff and has filed a comprehensive suit for

declaration and possession in O.S.No.413/2015.

In view of filing of the comprehensive suit seeking

the relief of declaration and possession, the present appeal

does not survive for consideration. It is needless to observe

that the Trial Court to dispose of the suit filed by the

defendant i.e., O.S.No.413/2015 independently in

accordance with law.

Resultantly, the Regular First Appeal is disposed of.

Sd/-

JUDGE

TKN