IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13th DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL No.426 of 2015 (INJ) BETWEEN :
SRI.P.C.MATHAI S/O.LATE P.I.CHACKO AGED ABOUT 80 YEARS RESIDING AT NO.101/B, JAGRUTHI RENAISSANCE VARTHUR ROAD RAMAGONDANAHALLI WHITE FIELD BANGALORE – 560 048. ... APPELLANT (BY SRI.G.B.NANDISH GOWDA, ADVOCATE FOR SRI.R.B.SADASIVAPPA, ADVOCATE) AND:
THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, K.P. WEST BANGALORE – 560 020. ... RESPONDENT (BY SRI.N.R.JAGADEESWARA, ADVOCATE) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CODE OF CIVIL PROCEDURE PRAYING TO SET ASIDE THE IMPUGNED JUDGEMENT AND DECREE DATED: 15.12.2014 PASSED BY THE 40TH ADDITIONAL CITY CIVIL JUDGE, BANGALORE, IN O.S. NO.294/2008 AND CONSEQUENTLY DECREE THE SUIT FILED BY THE APPELLANT IN O.S. NO.294/2008 AND ETC., THIS REGULAR FIRST APPEAL COMING ON FOR ADMISSION THIS DAY THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Though this appeal is listed for Admission, with the consent of the learned counsel appearing for the parties, the same is heard finally.
2. The appellant has filed this appeal challenging the judgment and decree dated 15.12.2014 passed by the Court of XL Additional City Civil and Session Judge (CCH 41) at Bengaluru in O.S.No.294/2008.
3. Learned counsel appearing for both the parties submits that the appeal may be disposed of in terms of the judgment passed by this Court in RFA Nos.425/2015 and 432/2015. The relevant portion of the said judgment reads as under:
“However, it is needless to state that if appellants having any other remedy under law to prosecute their claim they would be at liberty to do so. However, it is made clear that no opinion is expressed with regard to probable contention or defence that may be raised by respondent/ defendant in the proceedings that may be initiated by the appellants and same is kept open”.
4. The submission of the learned counsel is taken on record.
5. The appeal is disposed of in terms of the judgment passed in RFA Nos.425/2015 and 432/2015.
6. In view of the disposal of the main appeal, I.A.No.1/2015 stands disposed.
Ordered accordingly.
Sd/- JUDGE VMB