- 1 - HC-KAR NC: 2025:KHC:35164 RSA No. 144 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 144 OF 2025 (INJ) BETWEEN: SRI. JAYANNA AGED ABOUT 75 YEARS, S/O. LATE URLA SONNAPPA, R/AT HOOVINA APPANNA STREET, THUBUNKUNTE, KOLIGERE POST, CHIKKABALLAPUR TOWN AND DISTRICT - 562 101. REP. BY HIS SPA HOLDER SRI. KESHAVMURTHY. J, S/O JAYANNA, AGED ABOUT 47 YEARS R/AT HOOINA APANAPPA STREET, CHICKBALLAPURA - 562 101. …APPELLANT (BY SRI. ABHINAV R, ADVOCATE) AND: 1. SRI. K V PRASAD AGED ABOUT 54 YEARS S/O. VENKATAPATHI, R/AT KANDAVARA WARD NO.14, CHIKKABALLAPUR TOWN AND DISTRICT - 562 101. Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35164 RSA No. 144 of 2025 2. SMT. PADMASHREE AGED ABOUT 44 YEARS, D/O. VENKATAPATHI, R/AT STANDARD SPORT, MAHAKALI ROAD, WARD NO.14, CHIKKABALLAPURA - 562 101. 3. SMT. VENKATARAM, AGED ABOUT 49 YEARS D/O. GOPALAPPA, R/AT KANDAVARA WARD NO.14, CHIKKABALLAPURA TOWN AND DISTRICT, CHIKKABALLAPUR - 562 101. 4. SRI. VENUGOPAL AGED ABOUT 44 YEARS S/O. GOPALAPPA, R/AT KANDAVARA WARD NO.14, CHIKKABALLAPURA TOWN AND DISTRICT, CHIKKABALLAPURA - 562 101. 5. SRI. A. NARAYANSWAMY AGED ABOUT 44 YEARS, S/O.R.ANJINAPPA, R/AT AGALAGURKI VILLAGE, NANDI HOBLI, CHIKKABALLAPURA TOWN AND DISTRICT, CHIKKABALLAPUR - 562 101. …RESPONDENTS (BY SRI. T. SRINIVASAN, ADVOCATE) THIS RSA ID FILED UNDER SEC.100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 22.10.2024 PASSED IN RA.NO. 129/2023 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHIKKABALLAPURA. ALLOWING THE - 3 - HC-KAR NC: 2025:KHC:35164 RSA No. 144 of 2025 APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 11.10.2023 PASSED IN OS.NO.379/2021 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, CHIKKABALLAPURA. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Heard Sri.Abhinav R., learned counsel for the appellant and Sri.T.Srinivasan, learned counsel for respondent No.2. 2. Present appeal is filed by the plaintiff challenging the order of the First Appellate Court in reversing the judgment passed in O.S.No.379/2021. 3. It is submitted by learned counsel for the respondents that very same appellant has filed a suit for declaratory injunction in O.S.No.582/2024. 4. Since the said suit is a comprehensive suit and if the appellant succeeds in the said suit, the findings - 4 - HC-KAR NC: 2025:KHC:35164 RSA No. 144 of 2025 recorded by the First Appellate Court in reversing the judgment passed by the Trial Court in O.S.No.379/2021 would be subservient to the decision in O.S.No.582/2024. 5. With that observation, present appeal stands disposed of. 6. Further, the parties are at liberty to canvass all possible points in their favour and finding recorded by both the Trial Court and First Appellate Court shall not affect the rights of the parties. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 63 CT: BHK