Shri.Raju S/O Mallappa Patil @ Kurbar vs Shri. Kalu S/O Yashwant Dhamanekar
2024 Latest Caselaw 4377 Kant

Karnataka High Court

Shri.Raju S/O Mallappa Patil @ Kurbar vs Shri. Kalu S/O Yashwant Dhamanekar on 13 February, 2024

                                        -1-
                                                 NC: 2024:KHC-D:3232
                                                  RSA No. 100395 of 2016




                 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                    DATED THIS THE 13TH DAY OF FEBRUARY, 2024

                                      BEFORE

                        THE HON'BLE MR JUSTICE R.NATARAJ

                   REGULAR SECOND APPEAL NO.100395/2016(INJ)

            BETWEEN:

            1.   SHRI RAJU
                 S/O. MALLAPPA PATIL @ KURBAR,
                 AGE: 43 YEARS,
                 OCC: AGRICULTURE,
                 R/O: H.NO: 52, RAMDEV GALLI,
                 PEERANWADI, BELAGAVI.

            2.   SHRI PIRAJI
                 S/O. MALLAPPA PATIL @ KURBAR,
                 AGE: 35 YEARS,
                 OCC: AGRICULTURE,
                 R/O: H.NO: 52, RAMDEV GALLI,
                 PEERANWADI, BELAGAVI.
                                                            ...APPELLANTS
            (BY SRI SANGRAM S. KULKARNI, ADVOCATE)

            AND:
Digitally
signed by
ROHAN       SHRI KALU
HADIMANI
T           S/O. YASHWANT DHAMANEKAR,
            AGE: 60 YEARS, OCC: AGRICULTURE,
            R/O: HUNCHENATTI, BELAGAVI.
                                                           ...RESPONDENT

                  THIS RSA IS FILED UNDER SECTION 100 R/W ORDER XLII
            RULE 1 OF C.P.C., AGAINST THE JUDGMENT AND DECREE DATED
            16.01.2016 PASSED IN R.A.NO.276/2015 ON THE FILE OF THE XI
            ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI,
            DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND
            DECREE DATED 03.04.2013 AND THE DECREE PASSED IN
            O.S.NO.873/2010 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE
            AND JMFC., BELAGAVI DISMISSING THE SUIT FILED FOR
            PERMANENT INJUNCTION.
                                    -2-
                                          NC: 2024:KHC-D:3232
                                           RSA No. 100395 of 2016




     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:

                                  ORDER

A memo is filed by the learned counsel for the appellants

to withdraw the appeal with liberty to file a fresh

comprehensive suit.

ii) It is stated in the affidavit accompanying the

application that a mere suit for injunction without seeking the

relief of declaration is not maintainable in view of the judgment

of the Apex Court in the case of Akkamma and others vs

Vemavathi and others in Civil Appeal 5884/2009.

iii) In that view of the matter, the appeal is dismissed

as withdrawn. Liberty is deserved to the appellants to file

appropriate suit which shall however be subject to such

defenses as are available to respondents in law.

SD/-

JUDGE

PMP

CT-ASC