defendants 2 & 3
are in possession of suit property. Therefore the instant suit for
declaration and consequential relief of injunction without
seeking the relief ... suit property
28
OS.26958/2007
and the plaintiff in his suit does not seek possession of
those properties, but merely claims a declaration that
suit is filed for the following reliefs:
(a) for a declaration that the second plaintiff is the absolute
owner of the absolute entire World Negative ... notice
did not evoke any response. Hence the present suit has been filed for
declaration, permanent injunction and for damages as stated above.
4. Despite
Issue No.4 is in Negative.
62. ISSUE NO.5: Plaintiff instituted the suit
seeking relief of declaration declaring that, she is the
absolute owner
Smt. Muniyamma vs D. Nagaraja Chetty S/O on 30 January, 2020
IN THE COURT
inadmissible in law. Based on such
presumption, the declaration of title cannot be granted. Declaration of
title regarding an immovable property is to be granted ... relief. Such a negative relief is
inadmissible in law. The plaintiff, who instituted the suit for
declaration is expected to prove his case
Court and only to bring the suit
within Delhi Court's jurisdiction, the plaintiff sought
negative declaration which has no jurisdiction. In fact
that ... sought by
the plaintiffs was for declaration of adoption deed and
not declaration of title to the suit schedule properties.
Obviously they have incorporated those
issue and
disposed of in favour of defendant No.1. Consequently the
suit came to be dismissed.
19. The wordings under Section ... Fees and
Suit Valuation Act and even the framing of the suit made
for declaration and permanent injunction having
cumulative and negating effect of judgment
Court, Gadag as per Annexure-D.
2. The respondents filed a suit for declaration and
permanent injunction in O.S.No.49/2005. The present ... answered in the negative and
suit filed by the respondent seeking the relief of declaration
and injunction is allowed.
3. The present petitioner being aggrieved
decision in the Amritsar suit may not automatically lead to a
decree being passed in the Delhi suit. The Delhi suit would still have ... previous
suit would operate as a res judicata for the subsequent
suit. The previous suit is for a negative declaration that
the defendant herein does
suit is filed for the following reliefs:
(a) for a declaration that the second plaintiff is the absolute
owner of the absolute entire World Negative ... notice
did not evoke any response. Hence the present suit has been filed for
declaration, permanent injunction and for damages as stated above.
4. Despite
