- 1 - HC-KAR NC: 2025:KHC:34682-DB RFA No. 2238 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 2238 OF 2023 (PAR/INJ) BETWEEN: SRI. M.C. DEVAIAH S/O LATE M.P. CHENGAPPA, AGED ABOUT 61 YEARS, R/O. NOKYA VILLAGE, THITHIMATHI, VIRAJPET TALUK, KKODAGU DISTRICT …APPELLANT (BY SRI. ARNAV A BAGALWADI, ADVOCATE) AND: 1. SRI. M.C. BELLIAPPA, S/O LATE M.P. CHENGAPPA, AGED ABOUT 63 YEARS, R/O. NOKYA VILLAGE, THITHIMATHI, VIRAJPET TALUK 2. SMT. LAILA POOVAMMA W/O SRI. B.A. CHENGAPPA, AGED ABOUT 67 YEARS, R/AT: FLAT No.B 207, GAGAN GAWRAVI APARTMENT, DINNUR MAIN ROAD, KAVAL BYRASANDRA, BENGALURU …RESPONDENTS Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34682-DB RFA No. 2238 of 2023 THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 03.12.2022 PASSED IN OS.No.38/2013 SENIOR CIVIL JUDGE, VIRAJPET, DISMISSING THE SUIT FOR PERMANENT INJUNCTION. THIS RFA, COMING ON FOR DISMISSAL, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE RAJESH RAI K) Till today, office objections are not complied. Therefore, in view of the peremptory order dated 03.09.2024 passed by this Court, no further order is required. 2. Accordingly, appeal stands dismissed for non- prosecution. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE PN List No.: 1 Sl No.: 73