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
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
Date of institution of the suit 03.04.2010
Nature of the suit Declaration & injunction
Date of commencement of 03.09.2011
recording the evidence
Date on which ... 1429/08. Though this defendant has filed the
comprehensive suit for declaration and injunction and
possession in OS.2295/10, the documents produced
suit : 29.4.1999
Nature of the suit (suit on Suit for declaration and injunction
pronote, suit for declaration and
possession suit for injunction,etc) :
Date ... south
80yards is not at all existed for seeking relief of
declaration and injunction. Further, it is contended that
ultimately
Page 2 of 29
SUIT FOR INJUNCTION
&
SUIT FOR DECLARATION AND INJUNCTION
Date of reserving Judgment : 15.10.2016
Date of pronouncement : 19.11.2016
COMMON JUDGMENT ... written statement.
6. Pleadings of CS No. 327/16 (suit for declaration and
injunction) in brief are as follows :
7. Brief facts as stated
application for amendment. It
is also held that the relief of declaration and injunction are larger reliefs
and smaller relief for partition could be granted ... Whether the plaintiffs are entitled to the relief of
declaration and injunction as prayed for ?
11. It is significant to note here that the plaintiffs
3454 of 2017
(i) The plaintiffs have filed the suit for declaration and injunction
without being in possession.
(ii) The learned Judge erred in holding ... applicable as the relief in the suit is only for declaration
and injunction.
(iii) The learned Judge erred in holding that Articles
consider that
(i) The plaintiffs have filed the suit for declaration and injunction without
being in possession ... applicable as the relief in the suit is only for declaration and
injunction.
(iii) The learned Judge erred in holding that Articles
3454 of 2017
(i) The plaintiffs have filed the suit for declaration and injunction
without being in possession.
(ii) The learned Judge erred in holding ... applicable as the relief in the suit is only for declaration
and injunction.
(iii) The learned Judge erred in holding that Articles
maintainable. The plaintiff had no right to seek the relief of
declaration or injunction. The defendants denied that the plaintiff was in
possession ... submits that the period of limitation to obtain the relief
of declaration/injunction commenced when the right to sue first accrued. A
perusal
