Sri Shivaraju S/O Late Ningaiah vs Sri Chaluvaiah S/O Late Ningaiah
2023 Latest Caselaw 6693 Kant

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                                                      NC: 2023:KHC:34597
                                               RFA.CROB No. 21 of 2010




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                  DATED THIS THE 21ST DAY OF SEPTEMBER, 2023

                                    BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                   RFA CROSS OBJECTION NO. 21 OF 2010 (INJ)

            BETWEEN:

            1.    SRI. SHIVARAJU,
                  S/O LATE NINGAIAH,
                  AGED ABOUT 51 YEARS,
                  R/AT NO.102 & 103, WARD NO.18,
                  KAMASHIPALYA, KAREKALLU,
                  GURUPRIYA KALYANA MANTAPA STREET,
                  HARALIMARA ROAD,
                  BANGALORE - 560 079.

            2.    SRI. CHALUVA RAJU,
                  S/O SINGRANNA,
                  AGED ABOUT 41 YEARS.


Digitally   3.    SRI. NARASIMHAIAH,
signed by         S/O SINGRANNA,
MALATESH
KC                AGED ABOUT 39 YEARS.
Location:
HIGH
COURT OF    4.    SRI. KEMPANNA,
KARNATAKA         S/O SINGRANNA,
                  AGED ABOUT 36 YEARS,

                  SL.NO.2 TO 4 ARE
                  R/AT NO. 115, WARD NO.18,
                  KAMASHIPALYA, KAREKALLU,
                  GURUPRIYA KALYANA MANTAPA STREET,
                  HARALIMARA ROAD,
                  BENGALURU - 560 079.
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                                   RFA.CROB No. 21 of 2010




5.   SRI. PADMARAJ,
     S/O KEMPANNA,
     AGED ABOUT 46 YEARS.

6.   SRI. SHIVAKUMAR @ KUMAR,
     S/O KEMPANNA,
     AGED ABOUT 41 YEARS.

7.   SRI. CHANNEGOWDA,
     S/O KEMPANNA,
     AGED ABOUT 36 YEARS.

8.   SRI. SHANKAR,
     S/O KEMPANNA,
     AGED ABOUT 34 YEARS,

     SL.NO. 5 TO 8 ARE
     R/AT WORD NO.18,
     KAMASHIPALYA, KAREKALLU,
     GURUPRIYA KALYANA MANTAPA STREET,
     HARALIMARA ROAD,
     BENGALURU - 560 079.


                                     ...CROSS OBJECTORS
(BY SRI. B.S. JEEVAN KUMAR, ADVOCATE )


AND:

1.   SRI. CHALUVAIAH,
     S/O LATE NINGAIAH,
     AGED ABOUT 56 YEARS,
     R/AT NO. 102 AND 103,
     WARD NO.18, KAMASHIPALYA,
     KAREKALLU,
     GURUPRIYA KALYANA MANTAPA STREET,
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                                    RFA.CROB No. 21 of 2010




     HARALIMARA ROAD,
     BANGALORE - 560 079.

2.   SRI. PUTTARAJ,
     S/O MARIYAPPA,
     AGED ABOUT 48 YEARS,
     R/AT MACHOHALLI, KADABAGERE CROSS,
     TAVAREKERE,
     BANGALORE NORTH TALUK,
     BANGALORE.

3.   SRI. RAJU,
     S/O KAPANAIAH,
     AGED ABOUT 35 YEARS,
     RESIDING AT WARD NO.18,
     KAMASHIPALYA, KAREKALLU,
     GURUPRIYA KALYANA MANTAPA STREET,
     HARALIMARA ROAD,
     BANGALORE - 560 079.


                                          ...RESPONDENTS

(VIDE ORDER DATED 15.12.2014,
SRI. ABHINAV RAMANAND, ADVOCATE
FOR RESPONDENTS TAKE NOTICE)

      THIS RFA.CROB   IS FILED    U/O-XLI, RULE-22, R/W,
SEC.151 OF CPC, AGAINST THE JUDGMENT AND DECREE
DATED:19.01.2009 PASSED IN O.S.16014/2004 ON THE FILE
OF THE XIII-ADDL. CITY CIVIL JUDGE, MAYO HALL UNTI,
BANGALORE, DECREEING THE SUIT FOR THE PERMANENT
INJUNCTION.

      THIS RFA.CROSS OBJECTION, COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
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                                        RFA.CROB No. 21 of 2010




                           JUDGMENT

1. After arguing for sometime, learned counsel for cross

objector Sri. B.S Jeevankumar files a memo.

2. Memo reads as under:

" The appellants/cross objectors prays leave of this Hon'ble Court to with draw the cross objections with liberty to file separate suit for declaration or any other appeal in accordance with law. Wherefore this Hon'ble Court be pleased to dismiss the cross objections as not pressed with liberty in the interest of justice and equity."

3. In view of the memo cross objection is dismissed as not

pressed with liberty as prayed for.

Sd/-

JUDGE

NJ/RMS

CT:SNN