6427 before IPAB, for rectification of
Trademark no.1093578. Therefore, both rectification
applications were filed during pendency of suit.
6. After service of suit summons ... apply for rectification. Section 124 (2) of TM
Act, provides that, in case, filing of application for rectification
is filed, then suit would remain stayed
adverse possession and another relating
to the limitation to file a suit for rectification of the sale
deed are to be framed.
10
11. Since ... Court and the First Appellate
Court are justified in decreeing the suit for rectification
of the sale deed despite the suit being filed beyond
filing the suit for declaration and permanent injunction as well as to file suit O.S. No. 96/1979, seeking relief for rectification of revenue ... suit earlier, as such, the plaintiff's present suit is barred by time. That the suit has not been maintainable even for rectification
Admittedly, the father of the appellants herein
viz., Sanjeevappa filed the suit for rectification of the sale
deed after 21 years of the sale deed ... There is no specific period of limitation fixed for
filing the suit for rectification. Thus the residuary Article-
113 is applicable. Hence, Mr. Sanjeevappa ought
defendant's trade mark, the Court trying the suit shall if any proceedings for rectification of the register in relation to the plaintiff ... suit pending the final disposal of such proceedings. Admittedly a Rectification Suit in C.O.No. 23 of 1993 is pending before the High Court
Court the
parties do not approach the Tribunal for rectification, the
plea with regard to rectification will no longer survive ... court the
parties do not approach the Tribunal for
rectification, the plea with regard to rectification will
no longer survive."
24. Having considered
suit under Section
111(1)(i) and claim that the plaintiff
suit for infringement must be stayed.
If no proceeding for rectification of the
register ... civil Court
trying the suit has to stay the further
proceedings of the suit until disposal of
the rectification proceeding. At the
same time
suit?
4) Whether the plaintiff has proved the
partition of the suit schedule properties
among the parties to the suit ... present suit is not
maintainable, rather, the plaintiff ought to have filed a
suit seeking declaration of his title and consequentially,
rectification could have been
from
Sy.No.3/3B to Sy.No.17/2A. The rectification suit so filed by the
petitioner/defendant No.2 comes to be dismissed ... prayer sought in the said suit is as follows:
"Suit claim: The suit was filed on 4/6/08. For Judgment
and decree against
rendered in
O.S.No.8208/2006 whereby plaintiff's suit seeking
rectification of sale deed dated 17.08.1989 and for
consequential relief of injunction ... facts leading to the case are as under:
Plaintiff instituted the suit seeking rectification of the
sale deed dated 17.08.1989 executed by defendant
