Muniyappa vs. Thirumalappa
Court:Supreme Court of India
Judge:Hon'ble R.V. Raveendran
Case Status:Disposed
Order Date:23 Feb 2009
CNR:SCIN010038152009
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9 Feb 2009
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Order Text
| ´ITEM NO.19 | COURT NO.8 | SECTION IVA | ||
|---|---|---|---|---|
| SUPREME COURT OF INDIA<br>RECORD OF PROCEEDINGS | ||||
| Petition(s) for Special Leave to Appeal (Civil) No(s).3483/2009 | ||||
| of The HIGH COURT OF KARNATAKA AT BANGALORE) | (From the judgement and order dated 16/12/2008 in RFA No. 866/2000 | |||
| MUNIYAPPA | Petitioner(s) | |||
| VERSUS | ||||
| THIRUMALAPPA | Respondent(s) | |||
| relief )) | (With appln(s) for exemption from filing O.T. and prayer for interim | |||
| Date: 23/02/2009 This Petition was called on for hearing today. | ||||
| CORAM : | HON'BLE MR. JUSTICE J.M. PANCHAL | HON'BLE MR. JUSTICE R.V. RAVEENDRAN | ||
| Mr. Ajay Kumar M. Adv.<br>Mr. V.N. Raghupathy,Adv. | For Petitioner(s) Mr. Basava Prabhu S Patil, Sr. Adv.<br>Mr. B. Subrahmanaya Prasad, Adv. | |||
| For Respondent(s) | ||||
| ORDER | UPON hearing counsel the Court made the following | |||
| We find no ground to interfere. Therefore, the special leave petition |
Learned counsel apprehends that even though a decision is in a suit for a mere injunction, the observations made in the judgment may come in the way of the decision on merits in any future suit for declaration of title. If, the petitioner is entitled to file a suit for declaration in law, then obviously, any observations made while disposing of the suit for injunction, will not come in the way of deciding such suit.
is dismissed.
(Sushma Batra) (Anand Singh) Sr. P.A. Assistant Registrar
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