- 1 - HC-KAR NC: 2025:KHC:45685 RSA No. 1661 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1661 OF 2013 (INJ-) BETWEEN: SRI D M PUTTARUDRAPPA S/O D.P MAHADEVAIAH, AGED ABOUT 47 YEARS, R/O DODDAGUNI, NITTUR HOBLI, GUBBI TALUK, TUMKUR DISTRICT-572216. …APPELLANT (BY SRI. SWAMY SHIVA PRAKASH H, ADV. & SRI. M.R.KRISHNAMURTHY, ADV.) AND: SRI D K NATARAJU S/O D.P. KANTHEERUDRAPPA, Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45685 RSA No. 1661 of 2013 AGED ABOUT 51 YEARS, R/O DODDAGUNI, NITTUR HOBLI, GUBBI TALUK, TUMKUR DISTRICT-572216. …RESPONDENT (BY SRI. M B CHANDRA CHOODA,. ADV.) RSA FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 27.4.2013 PASSED IN R.A.NO.9/2008 ON THE FILE OF SENIOR CIVIL JUDGE, GUBBI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD 7.1.2008 PASSED IN OS.NO.131/97 ON THE FILE OF CIVIL JUDGE (JR.DN,) AND JMFC, GUBBI. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:45685 RSA No. 1661 of 2013 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL JUDGMENT Learned counsel for the appellant/plaintiff submits that the appellant will not claim any right over the portion of the property encroached by the respondent/defendant. He submits that the injunction may be granted in favour of the portion of the property, which is in possession of the appellant/plaintiff. 2. Learned counsel for the respondent/defendant filed a memo by undertaking that the respondent/defendant will not interfere with the plaintiff's peaceful possession and enjoyment of property shown in Ex.D8. 3. The memo is taken on record. - 4 - HC-KAR NC: 2025:KHC:45685 RSA No. 1661 of 2013 4. In view of the undertaking given by the learned counsel for the respondent/defendant, nothing survives for consideration in this appeal. 5. Accordingly, the Regular Second Appeal is disposed off. 6. Pending applications, if any, stand disposed off accordingly, Sd/- (ASHOK S.KINAGI) JUDGE SSB