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2017 Supreme(SC) 1157

ARUN MISHRA, MOHAN M.SHANTANAGOUDAR
H. N. Jagannath – Appellant
Versus
State of Karnataka – Respondent


JUDGMENT

MOHAN M. SHANTANAGOUDAR, J.

Leave granted.

1. The judgment dated 19.04.2011 passed by the High Court of Karnataka at Bangalore in writ appeal no. 1575 of 2007 (LA-BDA) is called into question in this appeal. By the impugned judgment, the Division Bench though did not interfere with the Judgment passed by the learned Single Judge in writ petition no. 49357 of 2004 dated 15.03.2007, disposed of the Writ Appeal observing that respondent no. 4 herein (appellant before the Division Bench) should work out its remedy in the suit in accordance with law and if a suit is filed, the said suit shall be considered without being influenced by the observations made in the course of the Judgment passed by the learned Single Judge. Thus, the Division Bench virtually relegated the parties to the civil court once again by granting permission to respondent no. 4 to approach the civil court.

2. This matter is a classic example as to how a litigant before the Court takes disadvantage of the process of law and the court by repeatedly tapping the doors of the courts for almost the same relief, after losing legal battles on a number of occasions.

3. Records reveal that the Bangalore Development A
























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