Sri M C Srinivas vs Ravindranath
2023 Latest Caselaw 11448 Kant

Karnataka High Court

Sri M C Srinivas vs Ravindranath on 21 December, 2023

                                      -1-
                                                 NC: 2023:KHC:46842
                                                RSA No. 557 of 2023




               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                 DATED THIS THE 21ST DAY OF DECEMBER, 2023

                                   BEFORE
             THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
                REGULAR SECOND APPEAL NO. 557 OF 2023 (INJ)
             BETWEEN:

                SRI M C SRINIVAS
                S/O LATE CHANDREGOWDA
                AGED 53 YEARS
                R/AT VIJAYA NAGARA
                DODDAMANDIGANAHALLY
                HASSAN TALUK, HASSAN DISTRICT
                                                       ...APPELLANT
             (BY SMT.D.MANJULA, ADVOCATE FOR SRI. L. SRINIVASA
             BABU, ADVOCATE)

             AND:

                RAVINDRANATH
Digitally
                S/O RAMACHANDRA
signed by
CHAITHRA A      AGED 57 YEARS
Location:       R/O PARK ROAD, HASSAN-573201
HIGH                                                 ...RESPONDENT
COURT OF          THIS RSA IS FILED UNDER SECTION 100 OF CPC
KARNATAKA    AGAINST THE JUDGMENT AND DECREE DATED 16.12.2022
             PASSED IN RA.No.52/2020 ON THE FILE OF THE PRINCIPAL
             SENIOR CIVIL JUDGE AND CJM, HASSAN, DISMISSING THE
             APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
             DATED 21.03.2020 PASSED IN OS No.624/2013 ON THE FILE
             OF THE VII ADDITIONAL CIVIL JUDGE AND JMFC, HASSAN.

                 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
             COURT DELIVERED THE FOLLOWING:
                              -2-
                                           NC: 2023:KHC:46842
                                          RSA No. 557 of 2023




                         JUDGMENT

Both the Courts have dismissed the suit filed by the

plaintiff seeking bare injunction on the ground that the

present suit for injunction is not maintainable without

seeking relief of declaration.

Therefore, a memo is filed seeking withdrawal of the

appeal with liberty to file a comprehensive suit.

Memo is taken on record.

Appellant is permitted to withdraw the suit with

liberty to file a comprehensive suit.

Accordingly, appeal is dismissed as withdrawn.

Sd/-

JUDGE

CA