Sri. Aktar Baig vs Sri. V. Govnda Reddy
2023 Latest Caselaw 4657 Kant

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                                                   NC: 2023:KHC:25122
                                                         RFA No. 1712 of 2015




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 19TH DAY OF JULY, 2023

                                         BEFORE
                    THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                     REGULAR FIRST APPEAL NO. 1712 OF 2015 (INJ)


               BETWEEN:

                   SRI. AKTAR BAIG
                   S/O. LATE HYDER BAIG,
                   AGED ABOUT 51 YEARS,
                   RESIDING AT: THANISANDRA,
                   DR. SHIVARAM KARANTH NAGAR POST,
                   BANGALORE-560 077.
                                                                 ...APPELLANT
               (BY SRI MOHAN BHAT, ADVOCATE (ABSENT))

               AND:

               1.    SRI. V. GOVINDA REDDY
                     S/O. LATE M.C. VENKATA REDDY,
Digitally signed     AGED ABOUT 65 YEARS,
by
DHANALAKSHMI         R/AT NO.499, 7TH CROSS, 6TH MAIN,
MURTHY               JAGADISH NAGAR, HAL 3RD STAGE,
Location: High       BANGALORE-560 075.
Court of
Karnataka
                     SRI. T.M. MUNISWAMAPPA
                     S/O. MUDDAPPA LATE,
                     DEAD BY HIS LRS,

               2.    SMT. YASHODAMMA,
                     W/O.LATE T.M. MUNISWAMAPPA,
                     AGED ABOUT 72 YEARS,
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                                    NC: 2023:KHC:25122
                                      RFA No. 1712 of 2015




3.   SRI. M. MURTHY
     S/O. LATE T.M. MUNISWAMAPPA,
     AGED ABOUT 42 YEARS,

4.   SRI. SOMANNA
     S/O. LATE T.M. MUNISWAMAPPA,
     AGED ABOUT 34 YEARS,

5.   SRI. ABRAHAM JOHN
     S/O. KOSHY JOHN,
     AGED ABOUT 64 YEARS,
     R/AT NO.17, THANISANDRA,
     K.R. PURAM,
     BANGALORE EAST TALUK,
     PIN-560 075.

6.   SRI. T.M. LOKESH
     S/O. MUDDE GOWDA,
     AGED ABOUT 34 YEARS,
     R/AT NO. 154,
     THANISANDRA VILLAGE,
     BANGALORE EAST TALUK,
     PIN-560 077.
                                           ...RESPONDENTS
(BY SRI. G S BALAGANGADHAR FOR C/R1., ADVOCATE)

      RFA FILED UNDER SEC.96 OF CPC.,1908 AGAINST THE
JUDGMENT    AND   DECREE DATED 01.12.2015      PASSED IN
OS.NO.3361/2011 ON THE FILE OF THE IX ADDL.CITY CIVIL
AND SESSIONS JUDGE, AT BENGALURU (C.C.H.5), DECREEING
THE SUIT FOR PERMANENT INJUNCTION AND POSSESSION.

      THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
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                                          NC: 2023:KHC:25122
                                             RFA No. 1712 of 2015




                          JUDGMENT

1. None appears for the appellant.

2. Learned counsel for caveator/respondent No.1 has

filed a memo dated 19.07.2023 stating that respondent

No.1 herein is the plaintiff before the trial Court in

O.S.No.3361/2011 and the suit filed by him for injunction

has been decreed.

3. In the meantime, the appellant/defendant No.1

herein has filed the comprehensive suit in

O.S.No.25751/2011 for declaration and injunction in

respect of very same suit schedule property against

plaintiff / defendant No.1 herein. But the trial Court

by judgment and decree dated 16.10.2019 in

O.S.No.25751/2011 has dismissed the suit and the same

attains finality. Therefore, the appeal filed by the appellant

/ defendant No.1 herein is not maintainable.

4. Memo filed by the learned counsel for caveator /

respondent No.1 is taken on record.

NC: 2023:KHC:25122 RFA No. 1712 of 2015

5. Since none appears on behalf of the appellant, the

appeal stands dismissed for non-prosecution.

Sd/-

JUDGE

HA