- 1 - NC: 2025:KHC:13754 RFA No. 14 of 2025 C/W RFA No. 2875 of 2024 RFA No. 2908 of 2024 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 14 OF 2025 (INJ) C/W REGULAR FIRST APPEAL NO.2875 OF 2024 REGULAR FIRST APPEAL NO.2908 OF 2024 REGULAR FIRST APPEAL NO.190 OF 2025 IN RFA No.14/2025 BETWEEN: SRI. KALIDINDI GOPALAKRISHNA VARMA, AGED ABOUT 61 YEARS, S/O K.APPALA RAJU, NOW FLAT NO.503, 5TH FLOOR, SOWCHA MARVELL APARTMENT, KAZAGUDA, HYDERABAD - 500 008. TELANGANA. …APPELLANT (BY SMT. MONIKA.N., ADVOCATE FOR SRI. A.SAMPATH., ADVOCATE) AND: KARNATAKA MILK CO-OPERATIVE FEDERATION LTD., HAVING ITS OFFICE AT KMF COMPLEX, DR. M H MARIGOWDA ROAD D R COLLEGE POST BENGALURU – 560 029 REP. BY ITS CHAIRMAN AND M.D. …RESPONDENT (BY SRI. KESHAVAREDDY M., ADVOCATE) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - NC: 2025:KHC:13754 RFA No. 14 of 2025 C/W RFA No. 2875 of 2024 RFA No. 2908 of 2024 AND 1 OTHER THIS REGULAR FIRST APPEAL FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGEMENT AND DECREE DATED 20.03.2023 PASSED IN OS NO.1829/2017 ON THE FILE OF LXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH-65), BENGALURU; AND ETC. IN RFA NO.2875/2024 BETWEEN: SRI POTTURI YATHIRAJA VENKATA SATYA MANIKANTA PRADEEP, AGED ABOUT 45 YEARS, S/O POTTURI MADHAVA RAO, R/AT NO.40935, DURILLO DR FREMONT CA-94539 U.S.A. REP BY HIS GPA HOLDER SRI. POTTURI MADHAVARA RAO, AGED ABOUT 75 YEARS, S/O POTTURI DURGAIAH, R/AT FLAT NO.303, SHIVAM BLOCK, FORTUNE KUM KUM HEIGHTS, MASJIDBANDA, KONDAPUR, HYDERABAD-500 084. ...APPELLANT (BY SMT.MONIKA.N, ADVOCATE FOR SRI. SAMPATH A., ADVOCATE) AND: KARNATAKA MILK CO-OPERATIVE FEDERATION LTD., HAVING ITS OFFICE AT KMF COMPLEX, Dr. M.H MARIGOWDA ROAD, D.R. COLLEGE POST , BENGLARU - 560 029. REP BY ITS CHAIRMAN & M.D. ...RESPONDENT (BY SRI. KESAVAREDDY M., ADVOCATE) - 3 - NC: 2025:KHC:13754 RFA No. 14 of 2025 C/W RFA No. 2875 of 2024 RFA No. 2908 of 2024 AND 1 OTHER THIS REGULAR FIRST APPEAL FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 20.03.2023 PASSED IN O.S.NO.1828/2017 ON THE FILE OF THE LXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-65), BENGALURU AND ETC. IN RFA NO. 2908/2024 BETWEEN: SRI D.V.SATYANARAYANA RAJU, AGED ABOUT 76 YEARS, S/O.D.V.KRISHNAMRAJU, PLOT NO.65, CRPF MAIN GATE, ROAD NO.10C, JUBLIEE HILLS, HYDERABAD- 500 033 ...APPELLANT (BY SMT.MONIKA.N, ADVOCATE FOR SRI. SAMPATH A., ADVOCATE) AND: KARNATAKA MILK CO OPERATIVE FEDERATION LTD., HAVING ITS OFFICE AT KMF COMPLEX, DR. M.H. MARIGOWDA ROAD, D.R. COLLEGE POST, BENGALURU REP BY ITS CHAIRMAN & M.D. ...RESPONDENT (BY SRI. KESAVAREDDY M., ADVOCATE) THIS REGULAR FIRST APPEAL FILED UNDER SECION 96 OF CPC., AGAINST THE JUDGEMENT AND DECREE DATED 20.03.2023 PASSED IN OS NO.1832/2017 ON THE FILE OF THE LXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-65), BENGALURU AND ETC. IN RFA NO.190/2025 BETWEEN: SRI. D.V.SATYANARAYANA RAJU AGED ABOUT 76 YEARS, - 4 - NC: 2025:KHC:13754 RFA No. 14 of 2025 C/W RFA No. 2875 of 2024 RFA No. 2908 of 2024 AND 1 OTHER S/O. D.V. KRISHNAMRAJU, R/AT AT PLOT NO.65 CRPF MAIN GATE, ROAD NO.10C, JUBILEE HILLS, HYDERABAD - 500 033 ...APPELLANT (BY SRI. SMT.MONIKA.N, ADVOCATE FOR SRI. SAMPATH A., ADVOCATE) AND: KARNATAKA MILK CO-OPERATIVE FEDERATION LTD., HAVING ITS OFFICE AT KMF COMPLEX, DR. M.H. MARIGOWDA ROAD, D.R. COLLEGE POST, BENGALURU – 560 029. REP. BY ITS CHAIRMAN AND M.D. ...RESPONDENT (BY SRI. KESAVAREDDY M.,ADVOCATE) THIS REGULAR FIRST APPEAL FILED UNDER SECION 96 OF CPC., AGAINST THE JUDGEMENT AND DECREE DATED 20.03.2023 PASSED IN OS NO.1825/2017 ON THE FILE OF THE LXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-65), BENGALURU AND ETC. THESE APPEALS COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR - 5 - NC: 2025:KHC:13754 RFA No. 14 of 2025 C/W RFA No. 2875 of 2024 RFA No. 2908 of 2024 AND 1 OTHER ORAL JUDGMENT RFA No.14/2025 is preferred by the plaintiff in O.S.No.1829/2017 on the file of the LXIV Addl. City Civil & Sessions Judge (CCH-65), Bengaluru City, whereby the said suit filed by the appellant – plaintiff against the respondent – defendant for permanent injunction and other reliefs in relation to the suit schedule immovable property was dismissed by the Trial Court. RFA No.2875/2024 is preferred by the plaintiff in O.S.No.1828/2017 on the file of the LXIV Addl. City Civil & Sessions Judge (CCH-65), Bengaluru City, whereby the said suit filed by the appellant – plaintiff against the respondent – defendant for permanent injunction and other reliefs in relation to the suit schedule immovable property was dismissed by the Trial Court. RFA No.2908/2024 is preferred by the plaintiff in O.S.No.1832/2017 on the file of the LXIV Addl. City Civil & Sessions Judge (CCH-65), Bengaluru City, whereby the said suit filed by the appellant – plaintiff against the respondent – defendant for permanent injunction and other reliefs in relation to the suit schedule immovable property was dismissed by the Trial Court. - 6 - NC: 2025:KHC:13754 RFA No. 14 of 2025 C/W RFA No. 2875 of 2024 RFA No. 2908 of 2024 AND 1 OTHER RFA No.190/2025 is preferred by the plaintiff in O.S.No.1825/2017 on the file of the LXIV Addl. City Civil & Sessions Judge (CCH-65), Bengaluru City, whereby the said suit filed by the appellant – plaintiff against the respondent – defendant for permanent injunction and other reliefs in relation to the suit schedule immovable property was dismissed by the Trial Court. 2. It is an undisputed fact as borne out from the material on record that the defendant – respondent in all the suits / appeals is the Karnataka Milk Co-operative Federation Limited (KMF). Since common questions of law and fact arise for consideration in all the appeals, with consent of both sides, all the appeals are taken up together for disposal. 3. Heard learned counsel for the appellants and learned counsel for the respondent and perused the material on record. 4. A perusal of the material on record will indicate that the appellants – plaintiffs in all the four appeals instituted the aforesaid four suits for permanent injunction and other reliefs in relation the suit schedule immovable properties. The said suits having been contested by the respondent – defendant, the Trial Court - 7 - NC: 2025:KHC:13754 RFA No. 14 of 2025 C/W RFA No. 2875 of 2024 RFA No. 2908 of 2024 AND 1 OTHER proceeded to pass the impugned judgments and decrees dismissing all four suits, aggrieved by which, the appellants are before this Court by way of the present appeals. 5. The material on record discloses that O.S.No.1825/2017 (RFA No.190/2025) and O.S.No.1832/20217 (RFA No.2908/2024) were filed by the same appellant – plaintiff / D.V.Sathyanarayana Raju against the respondent – defendant – KMF while O.S.No.1829/2017 (RFA No.14/2025) was filed by appellant – plaintiff / Kalidindi Gopalakrishna Varma and O.S.No.1828/2017 (RFA No.2875/2024) was filed by appellant – plaintiff / Potturi Yathiraja Venkata Sathya Manikanta Pradeep against respondent – defendant / KMF. Subsequent to the impugned judgments and decrees, all passed by the LXIV Addl. City Civil & Sessions Judge (CCH-65), Bengaluru City, the respondent – KMF has instituted the following suits against the appellants herein in respect of the very same suit schedule immovable properties and all the suits are pending before the XXXI Addl. City Civil & Sessions Judge (CCH-14), Bengaluru City. - 8 - NC: 2025:KHC:13754 RFA No. 14 of 2025 C/W RFA No. 2875 of 2024 RFA No. 2908 of 2024 AND 1 OTHER (i) O.S.No.3926/2024 filed by KMF against Kalidindi Gopalakrishna Varma, appellant in RFA No.14/2025 (Plaintiff in O.S.No.1829/2017); (ii) O.S.No.3929/2024 filed by KMF against Potturi Yathiraja Venkata Sathya Manikanta Pradeep, appellant in RFA No.2875/2024 (Plaintiff in O.S.No.1828/2017) (iii) O.S.No.3928/2024 filed by KMF against D.V.Sathyanarayana Raju, appellant in RFA No.2908/2024 (Plaintiff in O.S.No.1832/2017) (iv) O.S.No.3747/2024 filed by KMF against D.V.Sathyanarayana Raju, appellant in RFA No.190/2025 (Plaintiff O.S.No.1825/2017) As stated supra, the subsequent suits filed by the respondent – KMF against the appellants herein in relation to the very same suit schedule immovable properties seeking comprehensive reliefs of declaration, possession and injunction and the said suits are pending adjudication on the file of XXXI Addl. City Civil & Sessions Judge (CCH-14), Bengaluru City. - 9 - NC: 2025:KHC:13754 RFA No. 14 of 2025 C/W RFA No. 2875 of 2024 RFA No. 2908 of 2024 AND 1 OTHER 6. Learned counsel for the appellants as well as learned counsel for the respondent jointly submit that in the light of the subsequent suits in O.S.Nos.3926/2024, 3928/2024, 3929/2024 and 3747/2024 filed by the respondent – KMF against the appellants seeking comprehensive reliefs in relation to the very same suit schedule immovable properties, which are pending adjudication coupled with the fact that the instant suits which are subject matter of the present appeals were filed by the appellants against respondent – KMF for bare / permanent / perpetual injunction simpliciter, the impugned judgment and decrees may be set aside and all the instant suits may be remitted back to the Trial Court for reconsideration afresh in accordance with law by clubbing and consolidating the same to be tried and disposed of along with the pending suits before a single Court. 7. In view of the aforesaid facts and circumstances and joint submissions made by both sides, I deem it just and appropriate to exercise my powers under Sections 24, 107, 151 and Order 41 Rule 33 CPC r/w Article 227 of the Constitution of India and set aside the impugned judgments and decrees and remit - 10 - NC: 2025:KHC:13754 RFA No. 14 of 2025 C/W RFA No. 2875 of 2024 RFA No. 2908 of 2024 AND 1 OTHER the matter back to the Trial Court for reconsideration afresh in accordance with law and by issuing directions in this regard. 8. In the result, I pass the following: ORDER (i) All appeals are allowed. (ii) The impugned judgments and decrees passed in O.S.Nos.1829/2017, 1828/2017, 1832/2017 and 1825/2017 by the LXIV Addl. City Civil & Sessions Judge (CCH-65), Bengaluru City, are hereby set aside. (iii) All the aforesaid suits are remitted back to the Trial Court for reconsideration afresh in accordance with law. (iv) The Trial Court is directed to withdraw O.S.Nos.1825/2017, 1828/2017, 1829/2017 and 1832/2017 from the file of the LXIV Addl. City Civil & Sessions Judge (CCH-65), Bengaluru City and transfer all the four suits to the Court of the XXXI Addl. City Civil & Sessions Judge (CCH- 14), Bengaluru City, to be clubbed, consolidated, tried and disposed of along with O.S.Nos.3926/2024, 3928/2024, 3929/2024 and 3747/2024, in accordance with law. - 11 - NC: 2025:KHC:13754 RFA No. 14 of 2025 C/W RFA No. 2875 of 2024 RFA No. 2908 of 2024 AND 1 OTHER (v) Parties undertake to appear before the Trial Court on 09.04.2025. (vi) Liberty is reserved in favour of the parties to file / adduce additional pleadings, evidence, documents, etc., in support of their respective claims. (vii) It is made clear that the evidence already recorded by the Trial Court in O.S.Nos.1825/2017, 1828/2017, 1829/2017 and 1832/2017 shall remain on record and shall be considered by the Trial Court along with the other material on record. (viii) All rival contentions on all aspects of the matter in all the suits are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 2 Sl No.: 2