- 1 - HC-KAR NC: 2025:KHC:32236 RFA No. 628 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO.628 OF 2025 (DEC/INJ) BETWEEN: MR. NAGAVARMA PRABHU .A S/O LATE GOPALAKRISHNA ANANTHAN AGED ABOUT 44 YEARS, EARLIER AT NO.227, 1ST FLOOR, HRBR LAYOUT 1ST BLOCK, KALYAN NAGAR, BENGALURU-560043. PRESENTLY RESIDING AT: FLAT NO.207, ARJUN AURA APARTMENT, 97/4, 5TH CROSS, BILEKAHALLI, OFF: BANNERGHATTA ROAD, BENGALURU-560076. …APPELLANT (BY SRI R M ANNAMALAI, ADVOCATE) AND: MRS. SRILAKSHMI .N W/O MR. NAGAVARMA PRABHU .A AGED ABOUT 43 YEARS, D/O MR. NARAYANASWAMY N.K. HAVING PERMANENT RESIDENT AT NO.159, 3RD CROSS, RAMAKRISHNA NAGAR, 4TH BLOCK, NANDINI LAYOUT. BENGALURU-560096. PRESENTLY RESIDING AT FLAT NO.R-702, ROHAN JAROKA II, KEMPAPURA MAIN ROAD, YAMALURU, BELLANDUR, BENGALURU-560037. …RESPONDENT Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32236 RFA No. 628 of 2025 THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 03.02.2025 PASSED IN O.S.NO.291/2019 ON THE FILE OF THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, DISMISSING THE SUIT FOR DECLARATION AND INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT The present Regular First Appeal is preferred by the plaintiff assailing the legality and correctness of the judgment and decree dated 03.02.2025 passed in OS No. 291/2019 on the file of the I Additional Principal Judge, Family Court, Bengaluru. 2. The suit for declaration and permanent injunction is filed before the Family Court, Bengaluru and by the impugned judgment and decree the suit came to be dismissed. Section 19 (1) of the Family Courts Act, 1984 (for short ‘the Act’) clearly envisages that, an appeal would lie from every judgment or order, not being an interlocutory order, of a Family Court to the High Court both on facts and on law. The present Regular First - 3 - HC-KAR NC: 2025:KHC:32236 RFA No. 628 of 2025 Appeal under Section 96 of the Code of Civil Procedure is not maintainable in light of Section 19(1) of the Act. 3. Accordingly, the appeal is dismissed as not maintainable. Appellant is at liberty to file an appeal before the appropriate Court in accordance with law. Liberty is reserved to the appellant to seek exclusion of time under Section 14 of the Limitation Act, 1963 in accordance with law. Sd/- ____________________ JUSTICE K.S. HEMALEKHA CKL List No.: 2 Sl No.: 16