Karnataka High Court
Sri Chandrashekar @ Babu vs Sri B M Karunesh on 6 August, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:31362
RFA No. 1086 of 2015
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.1086 OF 2015 (INJ)
BETWEEN:
1. SRI CHANDRASHEKAR @ BABU
S/O LATE NARASIMHAIAH
AGED ABOUT 27 YEARS
2. SRI SOMASHEKAR
S/O NARAYANAPPA
AGED ABOUT 27 YEARS
BOTH ARE RESIDING AT
DODDAKANNEHALLI VILLAGE
VARTHUR HOBLI
BANGALORE EAST TALUK
3. MUNIYAPPA.Y
S/O YERRAPPA
AGED ABOUT 55 YEARS
Digitally R/AT NO.83, YARRAPP HOUSE
signed by PARAPPANA AGRAHARA VILLAGE
MALATESH BANGALORE - 560100
KC ...APPELLANTS
Location: (BY SRI DIWAKAR, ADVOCATE)
HIGH
COURT OF AND:
KARNATAKA
1. SRI B M KARUNESH
S/O B M MADAIAH
AGED ABOUT 45 YEARS
R/AT NO.607, 15TH CROSS
6TH PHASE, J P NAGAR
BANGALORE - 560078
...RESPONDENT
(BY SRI CHANDRAHASA.G, ADVOCATE)
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RFA No. 1086 of 2015
THIS RFA IS FILED UNDER SECTION 96 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 07.07.2015
PASSED IN O.S.NO.2134/2011 ON THE FILE OF THE XX ADDL.
CITY CIVIL & SESSIONS JUDGE, BENGALURU, (CCH 32)
DECREEING THE SUIT FOR PERMANENT INJUNCTION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL JUDGMENT
Heard Sri Diwakar, learned counsel for the appellants and
Sri Chandrahasa G., learned counsel for the respondent.
2. The present appeal is filed challenging the decree
passed in O.S.No.2134/2011 dated 07.07.2015.
3. Facts in brief which are utmost necessary for
disposal of the appeal are as under:
Plaintiff/respondent filed a suit for the bare injunction
against the defendants/appellants. Same on contest came to
be decreed.
4. Grievance of the appellants is that proper
opportunity has not been granted for the defendants to place
their evidence on record and suit was decreed hastily and
therefore, sought for setting aside the judgment and decree
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and provide an opportunity for the defendants to place their
evidence on record and sought for remand of the matter.
5. Counsel for the plaintiff/respondent opposes the
submission placed on behalf of the appellants.
6. While considering the submissions of the counsel for
the appellants, this Court perused the order sheet of the Trial
Court.
7. On such perusal of the order sheet of the Trial
Court, submissions made on behalf of the appellants per se
found to be incorrect. Sufficient opportunity has already been
granted, but the same is not utilized by the appellants.
8. Nevertheless since the appellants have filed a suit
for declaration against the respondent herein in
O.S.No.7404/2018 and the same is pending for consideration,
by imposing exemplary costs on the appellants if the judgment
and decree is set aside and the present suit is also remitted to
the Trial Court for fresh disposal in accordance with law by
directing that the present suit and O.S.No.7404/2018 to be
tried together, ends of justice would be met.
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9. In this regard counsel for the appellants has filed a
memo. Memo reads as under:
"The appellant named above in the aforesaid case
herewith agreeing to pay cost of one lakh (Rs.1,00,000/-)
to the respondent. Hence, this memo."
10. In view of the memo, following order is passed:
ORDER
(i) Appeal is allowed.
(ii) Judgment and decree dated 7th July, 2015, on
the file of XX Additional City Civil and Sessions
Judge, Bengaluru is set aside on payment of cost
of Rs.1,00,000/- (Rupees one lakh only),
payable by the appellants/defendants to the
respondent/plaintiff on or before 31st August,
2024.
(iii) After payment of cost, suit in O.S.No.2134/2011
shall be tried along with O.S.No.7404/2018
which is pending in Court Hall No.35.
(iv) Office of this Court is directed to return the Trial
Court records with copy of this order inviting the
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attention of the learned Principal District Judge,
City Civil Court, Bengaluru to assign
O.S.No.2134/2011 to Court Hall No.35 to be
tried along with O.S.No.7404/2018.
Sd/-
(V SRISHANANDA)
JUDGE
MR
