- 1 - HC-KAR NC: 2025:KHC:33756 MSA No. 9 of 2025 C/W MSA No. 156 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL NO. 9 OF 2025 (RO-) C/W MISCELLANEOUS SECOND APPEAL NO. 156 OF 2025 IN MSA No. 9/2025 BETWEEN: 1. SRI G A NAGI REDDY S/O. LATE ANJANAPPA, AGED 59 YEARSRESIDING AT GANTAMAVARIPALLI, KASABA HOBLI, BAGEPALLI TALUK CHIKKABALLAPUR DISTRICT. PIN 561 207 2. SMT. LAKSHMI, W/O. G.A. NAGI REDDY, AGED 47 YEARS, RESIDING AT GANTAMAVARIPALLI, KASABA HOBLI, BAGEPALLI TALUK CHIKKABALLAPUR DISTRICT. PIN 561 207 …APPELLANTS (BY SRI. B RAMESH., ADVOCATE) Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33756 MSA No. 9 of 2025 C/W MSA No. 156 of 2025 AND: 1. SMT PARVATHAMMA W/O. BYRAPPA REDDY, AGED 56 YEARS, 2. SRI. BYAPPA REDDY, S/O. LATE ANJANAPPA, AGED 76 YEARS 3. SRI. PRADEEP S/O. BYRAPPA REDDY, AGED 35 YEARS 4. SRI ASHOK S/O. BYRAPPA REDDY, AGED 36 YEARSR/A. RESPONDENTS NO.1 TO 4 ARE RESIDING AT GANGTAMVARIPALLI, KASABA HOBLI, BAGEPALLI TALUK, 561207. CHIKKABALLAPUR DISTRICT 5. SMT. SWETHA SHYLA, D/O. SREERAMAPPA, AGED 34 YEARS, R/@ GULLUR VILLAGE, GULLUR HOBLI, BAGEPALLI TALUK CHIKKABALLAPUR DISTRICT. …RESPONDENTS THIS MSA IS FILED UNDER SECTION 43 RULE (1)(u) OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 30.11.2024 PASSED IN RA No.15/2024 ON THE FILE OF THE SENIOR CIVIL JUDGE, BAGEPALLI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 20.12.2023 PASSED IN OS. No.42/2023 ON THE FILE OF THE CIVIL JUDGE AND JMFC, BAGEPALLI, DISMISSING THE SUIT - 3 - HC-KAR NC: 2025:KHC:33756 MSA No. 9 of 2025 C/W MSA No. 156 of 2025 FOR PERMANENT INJUNCTION. THE MATTER IS REMANDED BACK TO THE TRIAL COURT FOR FRESH DISPOSAL. IN MSA NO. 156/2025 BETWEEN: 1. SMT. LAKSHMI, W/O. G.A. NAGI REDDY, AGED 47 YEARS, RESIDING AT GANTAMAVARIPALLI, KASABA HOBLI, BAGEPALLI TALUK CHIKKABALLAPUR DISTRICT. PIN 561 207 ...APPELLANT (BY SRI. B RAMESH., ADVOCATE) AND: 1. SRI BYAPPA REDDY, S/O. LATE ANJANAPPA, AGED 76 YEARS RESIDING AT- R/A. GANGTAMVARIPALLI, KASABA HOBLI, BAGEPALLI TALUK, CHIKKABALLAPUR DISTRICT 2. SMT. PARVATHAMMA, W/O. BYRAPPA REDDY, AGED 56 YEARS, RESIDING AT GANGTAMVARIPALLI, KASABA HOBLI, BAGEPALLI TALUK, CHIKKABALLAPUR DISTRICT ...RESPONDENTS - 4 - HC-KAR NC: 2025:KHC:33756 MSA No. 9 of 2025 C/W MSA No. 156 of 2025 THIS MSA IS FILED UNDER SECTION 43 RULE (1)(u) OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 30.11.2024 PASSED IN RA No.15/2024 ON THE FILE OF THE SENIOR CIVIL JUDGE, BAGEPALLI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 20.12.2023 PASSED IN OS. No.29/2023 ON THE FILE OF THE CIVIL JUDGE AND JMFC, BAGEPALLI, DISMISSING THE SUIT FOR PERMANENT INJUNCTION. THE MATTER IS REMANDED BACK TO THE TRIAL COURT FOR FRESH DISPOSAL. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Learned counsel for the appellants has filed a memo which reads as under : "The appellant above named respectfully prayed that this Hon'ble Court may be pleased to permit the appellant to withdraw the above appeal with the liberty to challenge the judgment and decree dated 30.11.2024 passed in R.A.No.15/2024 by the Senior Civil Judge at Bagepalli in so far as remanding O.S.No.29 back on the file of Civil Judge and JMFC at Bagepalli by initiating appropriate proceedings in accordance with law by reserving liberty raising all contentions raised in the present appeal, in the interest of justice and equity." - 5 - HC-KAR NC: 2025:KHC:33756 MSA No. 9 of 2025 C/W MSA No. 156 of 2025 Placing the memo on record, appeals are dismissed with liberty as prayed for. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 4 CT:BHK