- 1 - NC: 2025:KHC:11594 RFA No. 447 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO.447 OF 2025 (INJ) BETWEEN: SRI.K.HARSHA S/O LATE N KRISHNAMURTHY AGED ABOUT 32 YEARS, RESIDING AT NO.70, 10TH MAIN 4TH CROSS, 2ND STAGE BEUNY EXTENSION VIDYANAGARA 2ND PHASE BANGALORE – 560 040. …APPELLANT (BY SRI. DHANANJAY JOSHI, SENIOR COUNSEL FOR SRI. YATHISH S, ADVOCATE) AND: SMT.N.MANJULA D/O LATE NARASIMHAIAH, W/O SRI AANANTHRAM AGED ABOUT 34 YEARS, R/AT NO.64, 8TH CROSS GAJANANA NAGARA HEGGANAHALLI BENGALURU – 560 091. …RESPONDENT (BY SRI. R.P. SOMASHEKARAIAH, ADVOCATE) THIS RFA IS FILED U/O 41 RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 13.11.2024 PASSED IN OS NO.5354/2013 ON THE FILE OF XXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR PERMANENT INJUNCTION AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:11594 RFA No. 447 of 2025 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT This appeal by the defendant in O.S.No.5354/2013 is directed against the impugned judgment and decree dated 13.11.2024 whereby the said suit filed by the respondent – plaintiff against the appellant – defendant was decreed by the Trial Court, which also dismissed the counter claim filed by the appellant – defendant against the respondent – plaintiff. 2. Heard learned counsel for the appellant and learned counsel for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that the respondent – plaintiff instituted the aforesaid suit against the appellant – plaintiff for permanent injunction and other reliefs in relation to the suit schedule immovable properties. 4. Appellant – defendant not only contested the suit but also put-forth counter claim, written statement / counter claim schedule property. Based on the pleadings of the parties, the Trial Court framed the following issues and additional issues: - 3 - NC: 2025:KHC:11594 RFA No. 447 of 2025 “(i) Whether plaintiff proves that she is in lawful possession of the suit schedule property as on the date of the suit? (ii) Whether plaintiff further proves the alleged interference by the defendant in her peaceful possession and enjoyment of suit schedule property? (iii) To what relief parties are entitled? (iv) What Decree or order? Add. Issue framed on 26.10.2018 (i) Whether defendant is entitled for permanent injunction against plaintiff as prayed?” 5. The plaintiff examined herself as PW1 and one witness as PW2 and got marked twenty one documents as Ex.P1 and Ex.P2 while appellant – defendant examined himself as DW1 and one witness as DW2 and got marked fifty two documents as D1 to D52. After hearing the parties, the Trial Court decreed the suit of the respondent – plaintiff and dismissed the counter claim of the appellant – defendant, who has appeared before this Court by way of the present appeal. 6. Learned Senior Counsel for the appellant as well as learned counsel for the respondent submits that though there was dispute regarding title between the appellant – defendant in relation - 4 - NC: 2025:KHC:11594 RFA No. 447 of 2025 to the counter claim written statement schedule property and the respondent – plaintiff in relation to the plaint schedule property, the Trial Court did not frame necessary issues in this regard and consequently both the parties were not in a possession to adduce oral and documentary evidence in support of their respective claim. It is therefore submitted by both learned counsel for the appellant and learned counsel for the respondent that the impugned judgment and decree may be set aside and matter remitted back to the Trial Court for reconsideration afresh in accordance with law by framing necessary issues on title, which would be sufficient, relevant and necessary for effective adjudication of the suit. It is further jointly submitted that till disposal of the suit and counter claim by the Trial Court within a stipulated time frame by framing necessary issues and adducing oral and documentary evidence, the interim order dated 07.03.2025 passed by this Court may be continued to operate and remain in force between the parties without prejudice to their rights and contentions and that the respondent shall not claim any equities as regards constructions, possession, etc., which would be subject to the final out come of the suit. - 5 - NC: 2025:KHC:11594 RFA No. 447 of 2025 7. In view of the aforesaid facts and circumstances and the joint submissions made by both sides though several contentions have been urged by both sides in support of their respective claims, without expressing any opinion on the merits / demerits of the rival contentions, I deem it just and appropriate to dispose of this appeal by issuing certain directions. 8. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The impugned judgment and decree dated 13.11.2024 passed in O.S.No.5354/2013 by the XXIV Addl. City Civil & Sessions Judge (CCH-6), Bengaluru, is hereby set aside. (iii) Matter is remitted back to the Trial Court for reconsideration afresh, in accordance with law. (iv) Parties are directed to appear before the Trial Court on 07.04.2025 without awaiting further notice from the Trial Court. (v) The Trial Court is directed to frame additional issue(s) in relation to the title, etc., and proceed further, in - 6 - NC: 2025:KHC:11594 RFA No. 447 of 2025 accordance with law by permitting both parties to adduce additional oral and documentary evidence in support of their respective claims. (vi) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. (vii) The Trial Court is directed to dispose of the suit within a period of six months from 07.04.2025. (viii) Further, as directed by this Court in its interim order dated 07.03.2025, any construction put-up / being put- up by the respondent on the suit schedule property or counter claim schedule property, shall be subject to the final out come of the suit and the respondent shall not claim any equities as regards construction or possession of the suit schedule property or counter claim schedule property. (ix) It is further directed that in the event respondent is unsuccessful in the suit after remand, respondent shall restore status quo-ante and shall hand over possession of the property to the appellant, in relation to which the Trial - 7 - NC: 2025:KHC:11594 RFA No. 447 of 2025 Court shall pass appropriate orders at the time of final disposal of the suit. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 2 Sl No.: 1