- 1 - HC-KAR NC: 2025:KHC:42476 RFA No. 50 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO.50 OF 2020 (INJ) BETWEEN: SRI. N. DEVARAO S/O. NARASINGH RAO, AGED 42 YEARS R/AT NO.115, 2ND CROSS, 1ST A MAIN, RR LAYOUT, NAGADEVANAHALLI, BENGALURU - 560 056. …APPELLANT (BY SRI. B. RAMESH, ADVOCATE) AND: 1. SRI. C.P. DHANANJAYA S/O. LATE. R. PUTTASWAMAIAH, AGED 43 YEARS R/AT NO.17, NEEMAD NILAYA, 11TH CROSS ROAD, BALAJI LAYOUT, MALLATAHALLI, JNANABHARATHI POST, BENGALURU - 560 056. 2. SMT. MEENA A. JAIN W/O. ASHOK KUMAR JAIN, AGED 48 YEARS R/AT NO. 14/1, MANOHAR MANSION, GK LANE, BALEPET, 1ST CROSS, BENGALURU - 560 053 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42476 RFA No. 50 of 2020 3. MR. VIKRAM C/O. MEENA A JAIN, AGE ABOUT 42 YEARS, R/AT NO. 12, R.T. STREET, BENGALURU - 560 053. …RESPONDENTS (BY SRI. N. DINESH RAO, ADVOCATE FOR R1; VIDE ORDER DATED 22.08.2022, NOTICE TO R2 AND R3 IS DISPENSED WITH) THIS RFA IS FILED UNDER SECTION 96 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 13.12.2019 PASSED IN OS.NO.4401/2017 ON THE FILE OF THE LVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT This appeal by defendant No.1 in O.S.No.4401/2017 is directed against the impugned judgment and decree dated 13.12.2019 passed by the LVI Additional City Civil and Sessions Judge, Bengaluru, whereby the said suit filed by respondent No.1-plaintiff against the appellant-defendant No.1 and respondent Nos.2 and 3 - defendant Nos.2 and 3 for permanent injunction and other reliefs in relation to the suit schedule - 3 - HC-KAR NC: 2025:KHC:42476 RFA No. 50 of 2020 immovable property was decreed by the Trial Court in favour of respondent No.1-plaintiff against the appellant-defendant No.1. 2. Heard the learned counsel for the appellant and the learned counsel for respondent No.1 - plaintiff and perused the material on record. By order dated 22.08.2022, notice to respondent Nos.2 and 3 has been dispensed with by this Court. 3. A perusal of the material on record will indicate that respondent No.1-plaintiff instituted the aforesaid suit against the appellant-defendant No.1 and respondent Nos.2 and 3-defendant Nos.2 and 3 for permanent injunction and other reliefs in relation to the suit schedule immovable property. The said suit having been contested by the defendants, the Trial Court proceeded to pass the impugned judgment and decree of suit of the plaintiff in his favour and against the defendants including the appellant-defendant No.1. Aggrieved by the impugned judgment and decree, the appellant- defendant No.1 is before this Court by way of the present appeal. - 4 - HC-KAR NC: 2025:KHC:42476 RFA No. 50 of 2020 4. The undisputed material on record will also indicate that subsequent to the instant suit being decreed in favour of the plaintiff against the defendants, the appellant-defendant No.1 has instituted a comprehensive suit in O.S.No.26126/2022 on 22.06.2022 against respondent No.1-plaintiff herein and others for declaration, possession, etc., and the said suit, which is contested by respondent No.1 herein and others is pending adjudication pending before the Additional City Civil and Sessions Judges, Mayo Hall, Bengaluru. 5. Under these circumstances, having regard to the institution of a comprehensive suit in O.S.No.26120/2022 by the appellant herein seeking comprehensive reliefs of declaration, mandatory injunction, possession etc., coupled with the fact of the present suit is only a suit for bare/permanent injunction simplicitor, though, those several contentions having 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 directing the parties to work out their remedies in the said O.S.No.26126/2022 pending before the Trial Court and by leaving open all the - 5 - HC-KAR NC: 2025:KHC:42476 RFA No. 50 of 2020 contentions and further directing that the Trial Court shall dispose of the suit without being influenced by the findings and observations contained in the impugned judgment and decree and leaving open all contentions in this regard. 6. In the result, I pass the following: ORDER (i) The appeal is hereby disposed of without interfering with the impugned judgment and decree in view of the appellant instituting subsequent suit in O.S.No.26126/2022 against respondent No.1- plaintiff and others, which is currently pending before the Trial Court. (ii). All rival contentions between the parties on all aspects of the matter in O.S.No.26126/2022 are kept to be open to be decided by the Trial Court and no opinion is expressed on the merits/demerits of the rival contention. (iii). The Trial Court before whom O.S.No.26126/2022 is pending is directed to dispose of the said suit without being influenced by the findings/observations, etc, recorded in the instant - 6 - HC-KAR NC: 2025:KHC:42476 RFA No. 50 of 2020 O.S.No.4401/2017 dated 13.12.2019 and rival contentions between the parties are kept open. (iv). Subject to the aforesaid directions and liberty being reserved in favour of the parties, the appeal stand disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE SJK List No.: 1 Sl No.: 7 CT: BHK