Union Of India vs Sri R Gajendran
2024 Latest Caselaw 19711 Kant

Karnataka High Court

Union Of India vs Sri R Gajendran on 6 August, 2024

Author: V Srishananda

Bench: V Srishananda

                                      -1-
                                                    NC: 2024:KHC:31169
                                                   RFA No. 881 of 2024




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 6TH DAY OF AUGUST, 2024

                                    BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                  REGULAR FIRST APPEAL NO. 881 OF 2024 (INJ)
           BETWEEN:
           1. UNION OF INDIA
              MINISTRY OF DEFENCE, SENA BHAVAN
              NEW DELHI - 110 011.

           2.    BRIGADIER STATION COMMANDER AND ESTATE
                 OFFICER, STATION HEAD QUARTERS,
                 CUBBON ROAD, BENGALURU - 560 001.

           3.    THE ADMINISTRATIVE COMMANDANT STATION
                 KK AND G SUB AREA, CUBBON ROAD,
                 BENGALURU - 560 001.

           4.    THE QUARTERS MASTER
                 ASC SOUTH, BENGALURU - 560 007.

           5.    THE DEFENCE ESTATE OFFICER
                 KARNATAKA AND GOA CIRCLE
                 OFFICE OF THE DEFENCE ESTATE,
                 KAMARAJ ROAD, BENGALURU - 560 042.
Digitally
signed by                                             ...APPELLANTS
MALATESH  (BY SRI.  ARAVIND KAMATH, ASG FOR UNION OF INDIA A/W
KC            SRI. A. CHANDRA CHUD, ADVOCATE)
Location: AND:
HIGH
COURT OF      SRI. R. GAJENDRAN
KARNATAKA     S/O LATE P K RAMANAJUM
              AGED ABOUT 63 YEARS
              NO.03, VANNARPET MAIN ROAD,
              KASI VISHWANATH TEMPLE STREET,
              VIVEK NAGAR POST, BENGALURU - 560 047.
                                                     ...RESPONDENT
          (BY SRI. SHIVSHANKER., ALONG WITH
              SRI. JANARDHANA G., ADVOCATES)
                              -2-
                                          NC: 2024:KHC:31169
                                         RFA No. 881 of 2024




     THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41
RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED
7.10.2021 PASSED IN OS NO.26953/2010 ON THE FILE OF
LXXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU    (CCH-73).,   DISMISSING  THE   SUIT  FOR
DECREEING FOR PERMANENT INJUNCTION.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM:    HON'BLE MR JUSTICE V SRISHANANDA

                      ORAL JUDGMENT

After hearing the arguments for sometime, Additional

Solicitor General representing the appellants files memo.

2. The memo reads as under:

"The appellants in the above appeal Pray and seek the leave of this Hon'ble Court to withdraw the present appeal with a liberty to file better comprehensive Suit for declaration and possession with respect to the appellants' property in the interest of justice and equity."

3. In view of the memo, appeal stands disposed of.

4. However, it is made clear, that if the appellant

succeeds in the intended suit, the order of injunction

passed by the Trial Court which is impugned in the present

appeal will be subservient to the result of the said suit.

NC: 2024:KHC:31169

5. In view of disposal of main petition,

I.A.Nos.1/2024, 2/2024 and 3/2024 does not survive for

consideration. Accordingly, I.A.Nos.1/2024, 2/2024 and

3/2024 are disposed of.

Sd/-

(V SRISHANANDA) JUDGE

AKV_List No.: 1 Sl No.: 33_CT:SK