Karnataka High Court
Sri Shankar vs Smt Selvi S on 14 December, 2023
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2023:KHC:45588
RFA No. 950 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
REGULAR FIRST APPEAL NO. 950 OF 2018 (INJ)
BETWEEN:
SRI. SHANKAR,
S/O LATE M. SUBRAMANYA,
AGED ABOUT 45 YEARS,
RESIDING AT NO.152/32,
5TH MAIN, 8TH "A" CROSS,
GANESHA BLOCK, MAHALAKSHMIPURAM,
BENGALURU - 560 086
...APPELLANT
Digitally (BY SRI. J.M. RAJANNA SHETTY, ADVOCATE)
signed by
VANDANA S AND:
Location:
HIGH 1. SMT. SELVI S,
COURT OF D/O M. SUBRAMANYA,
KARNATAKA W/O PRABHAKAR,
AGED ABOUT 50 YEARS,
RESIDING AT NO.152/32,
5TH MAIN, 8TH A CROSS,GANESHA BLOCK,
MAHALAKSHMIPURAM, BENGALURU - 560 086.
2. SRI. SHEKAR ,
S/O M. SUBRAMANYA,
AGED ABOUT 47 YEARS,
RESIDING AT NO.120,
5TH CROSS, SAI BABA NAGARA,
SRIRAMPURAM, BENGALURU - 560 021.
3. SRI. PRAKASH,
S/O M. SUBRAMANYA,
AGED ABOUT 43 YEARS,
RESIDING AT NO.120,
5TH CROSS, SAI BABA NAGARA,
SRIRAMPURAM, BENGALURU - 560 021.
...RESPONDENTS
(BY SRI. R. PADMANABHA, ADVOCATE FOR R1;
R2 AND R3 ARE SERVED)
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NC: 2023:KHC:45588
RFA No. 950 of 2018
THIS RFA IS FILED UNDER SEC.96 OF CPC 1908 AGAINST
THE JUDGMENT AND DECREE DATED 17.04.2018 PASSED IN OS
NO.984/2013 ON THE FILE OF THE XXII ADDL.CITY CIVIL AND
SESSIONS JUDGE, BENGALURU DECREEING THE SUIT FOR
PERMANENT INJUNCTION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal by the defendant No.3 in O.S.No.984/2013 is
directed against the impugned judgment and decree dated
17.04.2018 passed by the XXII Additional City Civil and Sessions
Judge, Bengaluru, whereby the said suit filed by respondent No.1-
plaintiff against the appellant-defendant No.3 and respondent
Nos.2 and 3-defendant Nos.1 and 2 for permanent injunction and
other reliefs in relation to the suit schedule immovable property was
decreed by the trial Court in favour of the respondent No.1-plaintiff
against the appellant-defendant No.3.
2. Appellant and respondents have filed Joint Memo.
The said Joint Memo reads as under:
"The Appellant submits that he had filed OS-521/2017
suit for declaration on the file of LII Addl. City Civil &
Sessions Judge, Bangalore (CCH-53)) against this same
respondent and which was dismissed and he had had filed
appeal in RFA-2021/2023 and the matter has been settled
NC: 2023:KHC:45588
between the parties and reported the compromise between
the Division bench of this Hon'ble court on 5/12/2023.
Hence this Appeal filed against judgment and Decree in
O.S.No.984/2013 on the file of XXII Addl. City Civil &
Sessions Judge dated 17.04.2018 filed for Injunction does
not survive for consideration and accordingly prays this
Hon'ble Court set aside the judgment and Decree passed in
O.S.No.984/2013 on the file of XXII Addl. City Civil &
Sessions Judge dated 17.04.2018 and allow the Appeal and
dismiss the Suit, in the interest of justice and equity."
3. The said Joint Memo has been duly signed by the
parties as well as their respective counsel.
4. Parties are physically present before the Court and
they are identified by their respective counsel.
5. In view of the aforesaid facts and circumstances and
Joint Memo filed by the parties, the impugned judgment and decree
dated 17.04.2018 passed in O.S.No.984/2013 by the XXII
Additional City Civil and Sessions Judge, Bengaluru, is hereby set
aside and appeal is disposed of in terms of the Joint Memo.
Sd/-
JUDGE
GPG
