- 1 - HC-KAR NC: 2025:KHC:40875 RFA No. 2331 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 2331 OF 2024 (INJ) BETWEEN: SRI MURGESH, S/O LATE MANIKYAM, AGED ABOUT 54 YEARS, R/AT NO. 110, JALABHAVANA ROAD, NEAR FOOD CORPORATION OF INDIA, NEAREST NAL LAYOUT, 4TH "T" BLOCK, JAYANAGAR, BENGALURU 560 069. …APPELLANT (BY SRI SAMPATH KUMAR A.V, ADVOCATE FOR SRI S G PARTHASARATHY & SRI GANGARAJA.C, ADVOCATES) AND: 1. THE COMMISSIONER, BENGALURU DEVELOPMENT AUTHORITY, BENGALURU-560 020. 2. THE EXECUTIVE ENGINEER, BANASHANKARI, BDA COMPLEX BENGALURU-560 050. 3. THE ASST. EXECUTIVE ENGINEER, BANASHANKARI, BDA COMPLEX, BENGALURU-560 050. …RESPONDENTS (BY SRI B.S SACHIN, ADVOCATE FOR R-1 TO R-3) THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 19.06.2024 PASSED IN OS NO.7829/2017 ON THE FILE OF XXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU., DISMISSING THE SUIT FOR PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40875 RFA No. 2331 of 2024 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT 1. The learned counsel for the appellant has filed a memo dated 15.10.2025 seeking to withdraw the appeal, which reads as below: " The appellant above named most humbly submits as under: 1. The Appellant had preferred the present Regular First Appeal challenging the Judgment and Decree dated 23.07.2024 passed by the Trial Court. 2. The Appellant now respectfully submits that, due to certain subsequent developments/changed circumstances/ technical reasons (as may be applicable), the Appellant wishes to withdraw the present appeal. 3. The Appellant has been advised and believes it is necessary to address the subject matter of the dispute through a comprehensive fresh proceeding (e.g. filing a fresh suit, application, or challenging an updated order) which may be necessitated by the said subsequent developments/changed circumstances. 4. Therefore, the Appellant prays that this Hon'ble Court may be pleased to permit the Appellant to withdraw the present Regular First Appeal No. 2331/2024. - 3 - HC-KAR NC: 2025:KHC:40875 RFA No. 2331 of 2024 5. The Appellant further most humbly and respectfully prays that this Hon'ble Court may be pleased to grant the Appellant liberty to institute a fresh suit or proceeding on the same cause of action or any part thereof, as well as on any subsequent or allied cause of action, or to pursue any other appropriate legal remedy available in law, against the Respondents, which may be necessitated by the aforementioned reasons or otherwise, and the said liberty be granted without prejudice to the Appellant's rights and contentions. 6. The Appellant submits that the withdrawal of this appeal may not be treated as a bar to agitate the same or similar subject matter in any subsequent proceedings. 7. The Appellant further submits that there are no compelling reasons or technical bars preventing this Hon'ble Court from granting the said liberty. PRAYER WHEREFORE, the Appellant most humbly prays that this Hon'ble Court may be pleased to: 1. Permit the Appellant to withdraw the present Regular First Appeal No.2331/2024; and 2. Grant the Appellant liberty to file a fresh suit or proceedings, or pursue any other appropriate legal remedy available in law, against the Respondents concerning the subject matter of the dispute or any part thereof, without being prejudiced by the withdrawal of this appeal; and - 4 - HC-KAR NC: 2025:KHC:40875 RFA No. 2331 of 2024 3. Pass such other order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity. 2. Accordingly, the appeal is dismissed as withdrawn with liberty as sought for. Sd/- (S.R.KRISHNA KUMAR) JUDGE tsn* List No.: 1 Sl No.: 63