LAWS(KAR)-2025-1-39

JAYAMMA Vs. KUMARA

Decided On January 15, 2025
JAYAMMA Appellant
V/S
Kumara Respondents

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the respondent Nos.1 to 3, learned counsel for respondent Nos.4, 5, 10, 18, 19, 20, 26, 27 and 30 to 32, learned Senior counsel for caveator-respondent No.34 and learned counsel for respondent Nos.13 and 15 to 17.

(2.) This matter was heard in part earlier and after hearing learned counsel for the parties, this Court ordered to appoint a Court Commissioner to identify the property and the Commissioner has now filed a report before this Court and the same is available on record.

(3.) The factual matrix of the case of the appellant/plaintiff before the Trial Court in O.S.No.1295/2022 is that the plaintiff while seeking the relief of partition and separate possession in all the suit schedule properties by metes and bounds also sought the relief to declare that Joint Development Agreement dtd. 6/12/2021 is not binding on the plaintiff share and also declare that the Joint Development Agreement dtd. 6/12/2021 which is morefully described in prayer column No.19 'b' and 'c' are not binding on the plaintiff and direct determination of mesne profits in respect of the suit schedule properties and also south for a temporary injunction restraining the Joint Development Agreement holder i.e., defendant No.34 from proceeding with construction in pursuance of the agreement dtd. 6/12/2021.