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Suryanarayana (APP)     25 September 2011

Ilr 1996 kar 3693

Please tell me whether ILR 1996 KAR 3693 is reversed, distinguished or overuled?

This citation (from Karnataka high court) says declaration of caste before civil court is maintainable.

But - AIR 1995 SC 94, AIR 1995 SC 1506 and AIR 1997 SC 1199 says civil suit is not maintainable before civil court. Please let me know above querry. Also tell me some other rulings from karnataka or supreme court which clearly says civil suit not maintainable.



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 1 Replies

adv. rajeev ( rajoo ) (practicing advocate)     25 September 2011

Suit for Mandatory injunction is maintainable before the civil court.  In veiw of the supreme court decision( I dont know exact year of citation) suit for declaration is not maintainable.  It was discussed in the court regarding the maintainablility.

Please See 2010(4) Karnatka Law Journal - 152


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