Karnataka High Court
K S Ameer Jan vs Mr Shabir Ahmed on 14 August, 2013
Author: Anand Byrareddy
Bench: Anand Byrareddy
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 14TH DAY OF AUGUST 2013
BEFORE
THE HON'BLE MR. JUSTICE ANAND BYRAREDDY
REGULAR FIRST APPEAL No.1328/2011
BETWEEN :
K S AMEER JAN
S/O LATE ADUL KAREEM
AGED ABOUT 54 YEARS
R/AT NO. 9 (34/32) 6TH MAIN ROAD
N G PALYA, OPP. DENTAL CLINIC
BANGALORE-560 029. .. APPELLANT
( By Sri. C S KUMAR, ADV. )
AND :
MR SHABIR AHMED
S/O AHMED
AGED ABOUT 51 YEARS
# 11, DR OMER SHARIFF ROAD
BASAVANAGUDI
BANGALORE-560004. ...RESPONDENT
( SERVED & UNREPRESENTED )
THIS RFA FILED U/SEC.96 OF CPC, AGAINST THE
JUDGMENT AND DECREE DATED:31.05.2011 PASSED IN
O.S.2219/2010 ON THE FILE OF THE 42ND ADDL. CITY CIVIL
AND SESSIONS JUDGE, BANGALORE, DISMISSING THE SUIT
FOR THE PERMANENT INJUNCTION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
2
JUDGMENT
The learned Counsel for the appellant would candidly submit that though there was nuisance created at the time of filing of the suit and during the pendency of the suit, in view of large scale public pressure, the defendant has refrained from dumping garbage ever since the order of temporary injunction was granted by the trial court. Notwithstanding the dismissal of the suit, the appellant seeks liberty to file a fresh suit in the event there is any further nuisance created by the defendant.
Reserving liberty to the appellant to file a fresh suit in the event there is any further threat or nuisance created by the defendant, the appeal stands disposed of.
SD/-
JUDGE KNM/-