Sri K M Muneer Ahmed S/O Mohammed Hussain vs Y C Rajashekharaiah Since Dead By Lrs Smt ...
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Karnataka High Court

Sri K M Muneer Ahmed S/O Mohammed Hussain vs Y C Rajashekharaiah Since Dead By Lrs Smt ... on 12 December, 2023

Author: V Srishananda

Bench: V Srishananda

                                            -1-
                                                        NC: 2023:KHC:45078
                                                       RFA No. 559 of 2008




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 12TH DAY OF DECEMBER, 2023

                                          BEFORE
                      THE HON'BLE MR JUSTICE V SRISHANANDA

                     REGULAR FIRST APPEAL NO. 559 OF 2008 (INJ)


              BETWEEN:

              1.    SRI K M MUNEER AHMED
                    S/O MOHAMMED HUSSAIN
                    AGED ABOUT 43 YEARS

              2.    K N SHAKEEL AHMED
                    S/O. MOHAMMED HUSSAIAN
                    AGED: 40 YEARS

              3.    ABDUL KHADER
                    S/O. LATE MOHAMMED KHASIM SAHEB
                    AGED ABOUT 56 YEARS

                    ALL ARE R/O. 489
Digitally           MAHESWARAMMA TEMPLE STREET
signed by R
MANJUNATHA          YELAHANKA
Location:           BANGALORE - 64.
HIGH COURT
OF                                                    ...APPELLANTS
KARNATAKA

              (BY SRI. S K NAGARATHNA, ADVOCATE) ABSENT

              AND:

              1.    Y C RAJASHEKHARAIAH
                    SINCE DEAD BY LRS.,

                    1(a) RAJAMMA
                    W/O. LATE RAJASHEKARAIAH
                    AGED ABOUT 60 YEARS
                                 -2-
                                               NC: 2023:KHC:45078
                                              RFA No. 559 of 2008




     1(b) RAJESH
     S/O. LATE RAJASHEKHARAIAH
     AGED ABOUT 35 YEARS

     BOTH ARE RESIDING AT NO.775
     NEAR YELAHANKA RAILWAY STATION
     2ND DIVISION
     MUNICIPAL ROAD,
     YELAHANKA
     BANGALORE.

2.   Y C PRAKASH
     S/O.LATE CHANNMABASAPPA
     AGED 58 YEARS
     R/AT: NO.384/2
     NEAR RAITHARA SANTHE
     BANGALORE - 64


                                                    ...RESPONDENTS
(R1[a], R1(b), R2 ARE SERVED)

                                ---

      THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE

JUDGEMENT    AND     DECREE     DATED     14.01.2008     PASSED    IN

OS.NO.1386/1997 ON THE FILE OF THE XI ADDL.CITY CIVIL JUDGE,

BANGALORE    CITY,   CCH.NO.8,        DISMISSING   THE    SUIT    FOR

PERMANENT INJUNCTION.


      THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:
                                    -3-
                                                   NC: 2023:KHC:45078
                                                  RFA No. 559 of 2008




                            JUDGMENT

By order dated 07.08.2017, I.A.No.1/2016 was ordered

to be withdrawn with liberty to file fresh application by the

impleading applicant. No such application is filed. Same is

observed by the Court on 28.06.2023 and the matter is listed

for hearing.

2. There is no representation on behalf of the

appellants even in the second round of calling of cases.

3. The appeal is of the year 2008, arising out of a suit

which was filed in the year 1997.

4. The suit of the plaintiffs came to be dismissed which

was filed for permanent injunction.

5. If the cause survives, the appellants are at liberty

to renew their request for grant of permanent injunction as the

remedy of injunction is based on continuance of cause of

action.

With that observation, the appeal stands dismissed for

non-prosecution.

Sd/-

JUDGE