Bengaluru Development Authority vs St Clare Education Society
2023 Latest Caselaw 6708 Kant

                                              -1-
                                                          NC: 2023:KHC:34246
                                                       RFA No. 1108 of 2023




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 21ST DAY OF SEPTEMBER, 2023

                                             BEFORE
                            THE HON'BLE MR JUSTICE K.NATARAJAN
                       REGULAR FIRST APPEAL NO. 1108 OF 2023 (INJ)
                   BETWEEN:

                   BENGALURU DEVELOPMENT AUTHORITY,
                   T. CHOWDAIAH ROAD,
                   BENGALURU - 560 020,
                   REPRESENTED BY ITS COMMISSIONER.
                                                                ...APPELLANT
                   (BY SRI. SACHIN B. S, ADVOCATE)

                   AND:

                   ST. CLARE EDUCATION SOCIETY,
                   HUNASEMARADALYA ROAD,
                   BHIMANAKUPPE VILLAGE, KENGERI HOBLI,
                   BENGALURU SOUTH TALUK,
                   REPRESENTED BY ITS PRESIDENT SISTER,
Digitally signed   LEONI, AGED ABOUT 64 YEARS.
by REKHA
ANKAIAH                                                       ...RESPONDENT
Location: High
Court of                  THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41
Karnataka
                   RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE
                   DATED 19.04.2022 PASSED IN O.S. NO. 657/2017 ON THE
                   FILE OF THE PRINCIPAL CIVIL JUDGE BENGALURU RURAL
                   DISTRICT,    BENGALURU.    DECREEING   THE    SUIT   FOR
                   INJUNCTION SUIT.

                          THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
                   COURT DELIVERED THE FOLLOWING:
                                 -2-
                                              NC: 2023:KHC:34246
                                         RFA No. 1108 of 2023




                          JUDGMENT

The office raised objections regarding the

maintainability of the appeal as the valuation of the

property is less than `10,00,000/- and the suit is for a

bare injunction.

2. Learned counsel for the appellant submits to

return the appeal papers to be filed before the District

Court, Bengaluru Rural District, Bengaluru.

3. The submission of the learned counsel is placed

on record.

4. Accordingly, for the statistical purpose, the

appeal is disposed of.

5. Office is directed to return the appeal papers to

the advocate for the appellant in order to file the same

before the appropriate Court.

The pending interlocutory application, if any, does

not survive for consideration and stands disposed of.

Sd/-

JUDGE hdk