Sri M. Yathish vs Sri Parthasarathi Raju
2022 Latest Caselaw 11166 Kant

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   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 27TH DAY OF JULY, 2022

                        BEFORE

         THE HON'BLE MR. JUSTICE V. SRISHANANDA

               R.F.A.No.932/2013(INJ)

BETWEEN:

SRI.M.YATHISH
AGED ABOUT 49 YEARS
S/O MUNIYAPPA
RESIDING AT NO.68
6TH CROSS, MAGADI ROAD,
BANGALORE -560 023.                 ..APPELLANT

(BY SRI.P.S.DIVAKARA, ADVOCATE)

AND:

SRI.PARTHASARATHI RAJU
AGED ABOUT 51 YEARS
S/O S.K.NARASARAJU
RESIDING AT NO.102,
BAZAAR STREET,
ULSOOR,
BANGALORE -560 008                  ..RESPONDENT

(BY SRI.H.R.ANANTHAKRISHNAMURTHY, ADVOCATE)

       THIS RFA IS FILED UNDER SECTION 96 READ WITH
ORDER 41 RULE 1 OF CPC AGAINST THE JUDGMENT AND
DECREE DATED 15.04.2013 PASSED IN O.S.No.16186/2004
ON THE FILE OF THE XXXIX ADDITIONAL CITY CIVIL AND
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SESSIONS JUDGE, BANGALORE CITY, DECREEING THE SUIT
FOR PERMANENT INJUNCTION.


     THIS APPEAL COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:


                        JUDGMENT

Present appeal is filed by the defendant in

O.S.No.16186/2004 on the file of XXXIX Additional City

Civil and Sessions Judge, Bangalore, dated 15.04.2013

whereby suit of the plaintiff came to be decreed and

defendant -appellant restrained by an order of injunction

not to interfere with the suit schedule property which is

a site formed in Sy.No.31 of Bhoopasandra Village,

Bangalore North Taluk.

2. At the outset, Sri.Divakara P.S., learned

counsel for appellant and

Sri.H.R.Ananthakrishnamurthy, learned counsel for

respondent submits that in respect of the entire land

wherein suit site is formed is also subject matter of RFA

No.449/2012 pending before the Division Bench of this

court and therefore the above appeal can be disposed of

subject to the final decision in RFA No.449/2012. Joint

submission is placed on record.

3. Since the title of the property of the respondent-

plaintiff is dependent on the final result of RFA

No.449/2012 pending before Division Bench, and suit is

only for bare injunction, this court is of the considered

opinion that the present appeal can be disposed of

subject to the final result of RFA No.449/2012.

Accordingly, the following:

ORDER

Appeal is disposed of subject to the final outcome

of RFA No.449/2012 pending before this court.

However, it is made clear that in the event of

appellant succeeding in the said RFA No.449/2012, the

respondent can claim the benefit of injunction decree

passed in O.S.No.16186/2004.

Sd/-

JUDGE

SBN