Hallikar Sangha Sri Gurumurahari ... vs Maruthi Vyayama Shala
2023 Latest Caselaw 1001 Kant

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                                                    RFA No. 2493 of 2006




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 17TH DAY OF JANUARY, 2023

                                      BEFORE

                   THE HON'BLE MR JUSTICE N S SANJAY GOWDA

                   REGULAR FIRST APPEAL NO. 2493 OF 2006 (INJ)

            BETWEEN:

            1.   HALLIKAR SANGHA,
                 SRI GURUMURAHARI SWAMY MATT,
                 4TH CROSS, RANASINGH PET,
                 BANGALORE - 560 053.
                 REPRESENTED BY ITS SECRETARY.
                                                            ...APPELLANT
            (BY SRI. M.N.UMESH, ADVOCATE)

            AND:

            1.   MARUTHI VYAYAMA SHALA,
                 SRI MURAHARI SWAMY MATADHA GARADI,
                 NO.53, POLICE ROAD CROSS,
                 RANASINGHPET, BANGALORE - 560 053,
                 REPRESENTED BY ITS SECRETARY D ESHWARA.

                                                          ...RESPONDENT
            (BY SRI. K.RAVINDRANATH., ADVOCATE)
Digitally
signed by        THIS RFA FILED UNDER SECTION 96 OF CPC AGAINST THE
PANKAJA S   JUDGEMENT AND DECREE DATED:11.02.2005 PASSED IN
Location:   O.S.NO.3468/2001 ON THE FILE OF THE VII ADDITIONAL CITY CIVIL
HIGH
COURT OF    JUDGE, BANGALORE (CCH.NO.19) DECREEING THE SUIT FOR
KARNATAKA   PERMANENT INJUNCTION .

                 THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
            THE COURT DELIVERED THE FOLLOWING:
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                                          RFA No. 2493 of 2006




                        JUDGMENT

1. The learned counsel for the appellant submits

that this appeal arises out of a suit filed for injunction

which has been filed by the respondent and which has

been decreed.

2. He submits that during the pendency of this

appeal, the land in question has in fact been held to be the

Government land and against the said order, the

appellant has instituted a comprehensive suit for

declaration in O.S.No.4312 of 2018.

3. He submits that in view of the above, the

appellant may be permitted to withdraw the present

appeal, with liberty to urge all contentions available to the

appellant in O.S. No.4312 of 2018.

4. The learned counsel for the appellant has also

filed a memo to that effect.

RFA No. 2493 of 2006

5. In view of the above, this appeal is dismissed

as withdrawn.

6. Liberty is reserved to the appellant to urge all

such contentions that are available to him in O.S. No.4312

of 2018, which is a suit for declaration and injunction.

7. It is needless to state that the Court which is

seized of the said suit for declaration shall decide the suit

on its own merits.

8. The original documents, which are produced by

the learned counsel for the appellant, shall be returned to

him after retaining a copy of the same for the purpose of

record.

Sd/-

JUDGE

RK CT: SN