Judgment Reserved on :- 09.12.2024
Date of decision :- 16.12.2024
SUIT FOR DECLARATION AND INJUNCTION
JUDGMENT
By this judgment, this Court shall adjudicate a suit for
Suit ... Jatav Panchayat Ghar Samiti Vs. DDA Page-1/42
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declaration and injunction filed by the plaintiff against the
defendant. Before adjudicating upon the issues
1994 is filed for the relief
of declaration and injunction claiming in respect of land in
Sy.No.73 measuring 8 acres 12 guntas ... schedule property. Hence,
the plaintiff is entitled for the relief of declaration and
injunction. The defendants in pursuance of suit summons
appeared before the Trial
1994 is filed for the relief
of declaration and injunction claiming in respect of land in
Sy.No.73 measuring 8 acres 12 guntas ... schedule property. Hence,
the plaintiff is entitled for the relief of declaration and
injunction. The defendants in pursuance of suit summons
appeared before the Trial
sake of convenience.
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5. The plaintiffs filed the suit for declaration
and injunction, contending that they are the absolute
owner of the schedule property ... upheld by the High
court. But for the relief of declaration and injunction, no
findings were given on the suit filed by the plaintiffs
which
suit in
O.S.No.22/1993 for the relief of declaration and injunction.
11. Defendant No.2 in his written statement also denied ... 1991 has sought for the relief of declaration
and injunction and the same is filed through a GPA holder. The
contention of respondent
suit in
O.S.No.22/1993 for the relief of declaration and injunction.
11. Defendant No.2 in his written statement also denied ... 1991 has sought for the relief of declaration
and injunction and the same is filed through a GPA holder. The
contention of respondent
CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-15),
DISMISSING THE SUIT FOR DECLARATION AND INJUNCTION.
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THIS REGULAR FIRST APPEAL HAVING BEEN HEARD AND
RESERVED ... filed by the plaintiffs against the
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defendants for relief of declaration and injunction is not
maintainable. The defendants have denied the fact that
necessarily the plaintiff will have to file a suit
for declaration, possession and injunction.
Re : Question (ii) answered in Paragraph 21 as under;
"...Where ... plaint schedule property and accordingly, prohibitory injunction
against trespass was sought for. Apart from prohibitory
injunction, mandatory injunction to remove the shed scheduled as
Item
declaration as his title is in doubt and he is
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under threat of dispossession, the suit filed by him for declaration and
permanent injunction ... declaration simpliciter : it
is a suit for declaration with further relief. Whether the further relief claimed
in a particular case as consequential upon a declaration
plaintiffs to
amend the plaint to include a prayer for declaration and injunction.
However, the plaintiffs did not make the required amendment, and
the Trial ... with permission of the court to
file a comprehensive suit for declaration and injunction. He
may file the suit for declaration with consequential relief,
even
