ADDL. CITY CIVIL JUDGE, AT BENGALURU, DISMISSING
THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION.
RFA NO.458/2016 IS FILED UNDER ... ADDL. CITY CIVIL JUDGE, AT BENGALURU, DISMISSING
THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION.
RFA NO.459/2016 IS FILED UNDER
Devinder Bhatia" (hereinafter referred to as "suit for declaration and
injunction") has been instituted by Sh. Dharampal Garg against
Sh. Devinder Bhatia ... according to their litigation status and ranking in 'suit for
declaration and injunction' instituted by Sh. Dharampal Garg. As such,
Sh. Dharampal Garg
excepted
categories and the respondent is not entitled to any
declaration or injunction. [1020 G-H]
(b) Assuming that the Sirsi Municipality case has
extended ... proper exercise of discretion to
grant a decree for declaration and injunction in favour of
the respondent The grant of specific relief is, under
injunction was not a consequential relief. The Bench held that the relief of injunction could be sued for independently of the declaration and, therefore ... from the relief of declaration, and if the suit for declaration were dismissed, it could not be decreed for the injunction. The relief of injunction
Suit for
FAO(OS) 268/2011 Page 10 of 54
Declaration and Injunction was filed against an ‗Evaluation
Report' and connected arbitral proceedings ... opinion that the action, in the present
case the suit for declaration and injunction, is not the subject
matter of the arbitration agreement, it would
pertaining to entitlement of the plaintiffs to the reliefs of
injunction and declaration cases of the parties along with the evidences led have
been discussed ... plaintiffs have been held entitled to the reliefs of declaration and injunction by
holding that respondent nos. 1 and 2/plaintiffs were in possession
injunction and consequential relief of
mandatory injunction?
9
8. As could be seen from the records, the plaintiff
has filed the suit for declaration, injunction ... SECTION 34 -Declaration
of status or right -Discretion of Court-Held, In a suit for
declaration of ownership and permanent injunction, the
plaintiff
case where an injunction could possibly be granted to the plaintiff and without an injunction the declaration claimed would not be really effective. The plaintiff ... being so no injunction can be granted. As I have stated if no injunction is granted, then even if a declaration was given it would
cover suits such as the subject suit for
declaration, injunction and for cancellation of a sale deed/power of
RFA Nos.621/2003 ... impugned judgment, the suit filed by the
appellants/plaintiffs for declaration, injunction and possession was
dismissed by holding that the Civil Courts do not have
plaintiffs' property and therefore, the suit was filed for declaration and injunction.
6. The respondent/defendant contested the suit, stating that the properties were ... properties, they are entitled to file the suit for declaration and injunction and decreed the suit.
8. The Lower Appellate Court, after elaborately discussing
