Karnataka High Court
Jyothipura Dr B R Ambedkar Slum ... vs N Papamma Since Deceased By Her Lrs on 8 September, 2023
Bench: V Srishananda
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NC: 2023:KHC:32529
RFA No. 2260 of 2007
C/W RFA No. 2259 of 2007
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 08TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR FIRST APPEAL No.2260 OF 2007 (INJ)
C/W
REGULAR FIRST APPEAL No.2259 OF 2007(INJ)
IN RFA No.2260/2007
BETWEEN:
JYOTHIPURA DR. B R AMBEDKAR
SLUM DWELLING WELFARE ASSOCIATION,
REGD:JYOTHIPURA SLUM,
K R PURAM HOBLI,
BANGALORE.
...APPELLANT
(BY SRI V ANAND AND D.V.SRINIVAS, ADVOCATES - ABSENT)
AND:
Digitally SMT. N PAPAMMA
signed by
MALATESH SINCE DECEASED BY HER LRS
KC
Location: 1. SMT. VIJAYALAKSHMI M.,
HIGH
COURT OF W/O. M MAHADEV
KARNATAKA AGED ABOUT 38 YRS,
2. SRI. SHEKAR M.,
S/O.LATE MUNIYAPPA
AGED ABOUT 36 YEARS
3. SRI. JAGADISH M.,
S/O. LATE MUNIYAPPA
AGED ABOUT 32 YEARS
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RFA No. 2260 of 2007
C/W RFA No. 2259 of 2007
4. BHARATHI M.,
D/O. LATE MUNIYAPPA
AGED ABOUT 32 YEARS
5. SMT. LAKSHMI M.,
W/O. M SRINIVASA MURTHY
AGED ABOUT 30 YEARS
6. SOMESH M
S/O.LATE MUNIYAPPA
AGED ABOUT 28 YEARS
ALL ARE R/AT.NO.1280,
VIJINAPURA MAIN ROAD
DOORVANI NAGAR (POST)
BANGALORE-560016.
...RESPONDENTS
(BY SRI B.S.JEEVAN KUMAR, ADVOCATE FOR R1TO R6)
THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER 41
RULE 1 R/W SECTION 96 OF CIVIL PROCEDURE CODE AGAINST
THE JUDGMENT AND DECREE DATED 28.06.2007 PASSED IN
O.S.No.897/1998 ON THE FILE OF THE VII ADDL. CITY CIVIL
JUDGE, BANGALORE (CCH-19), DECREEING THE SUIT FOR
PERMANENT INJUNCTION.
IN RFA No.2259/2007
BETWEEN:
JYOTHIPURA DR. B.R. AMBEDKAR
SLUM DWELLING WELFARE ASSOCIATION,
REGISTERED: JYOTHIPURA SLUM,
K R PURAM HOBLI,
BANGALORE.
...APPELLANT
(BY SRI V ANAND AND D.V.SRINIVAS, ADVOCATES - ABSENT)
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NC: 2023:KHC:32529
RFA No. 2260 of 2007
C/W RFA No. 2259 of 2007
AND:
SRI. B.S.MUNIYAPPA
SINCE DECEASED BY HIS LRS
1. SMT. VIJAYALAKSHMI M.,
W/O. M MAHADEV
AGED ABOUT 38 YRS,
2. SRI. SHEKAR M.,
S/O.LATE MUNIYAPPA
AGED ABOUT 36 YEARS
3. SRI. JAGADISH M.,
S/O. LATE MUNIYAPPA
AGED ABOUT 32 YEARS
4. BHARATHI M.,
D/O. LATE MUNIYAPPA
AGED ABOUT 32 YEARS
5. SMT. LAKSHMI M.,
W/O. M SRINIVASA MURTHY
AGED ABOUT 30 YEARS
6. SOMESH M
S/O.LATE MUNIYAPPA
AGED ABOUT 28 YEARS
ALL ARE R/AT.NO.1280,
VIJINAPURA MAIN ROAD
DOORVANI NAGAR (POST)
BANGALORE-560016.
...RESPONDENTS
(BY SRI B.S.JEEVAN KUMAR, ADVOCATE FOR R1TO R6)
THIS REGULAR FIRST APPEAL IS FILED U/O 41 RULE 1
R/W SECTION 96 OF CIVIL PROCEDURE CODE AGAINST THE
JUDGMENT AND DECREE DT.28.6.2007 PASSED IN
O.S.No.896/1998 ON THE FILE OF THE VII ADDL. CITY CIVIL
JUDGE, BANGALORE (CCH-19), DECREEING THE SUIT FOR
PERMANENT INJUNCTION.
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RFA No. 2260 of 2007
C/W RFA No. 2259 of 2007
THESE APPEALS, COMING ON FOR HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Case called twice. None present on behalf of appellant.
Counsel for respondents present.
2. These appeals are of the year 2007. RFA No.2260/2007
is filed challenging the judgment and decree passed in
O.S.No.897/1998, and RFA No.2259/2007 is filed challenging
the validity of the judgment and decree passed in
O.S.No.896/1998 whereby, both suits of the plaintiffs came to
be decreed. In both the appeals, appellant is common
defendant in both the suits.
3. Taking note of the fact that it is only an injunction suit
whereby the respondents/plaintiffs are protected with
possession and enjoyment of the suit property negating the
contention taken on behalf of the appellant/defendant that suit
property is acquired by the Slum Board, this Court is of the
considered opinion that the appellant/defendant in both cases
may approach the Slum Board, if any grievances are there as
NC: 2023:KHC:32529
RFA No. 2260 of 2007
C/W RFA No. 2259 of 2007
against the plaintiffs. Reserving such liberty for the appellant/
defendant, both appeals stand dismissed for non prosecution.
No order as to costs.
Sd/-
JUDGE
kcm
