- 1 - HC-KAR NC: 2025:KHC:53828 RFA No. 2568 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 2568 OF 2025 (INJ) BETWEEN: BENGALURU EAST CITY CORPORATION (ERSTWHILE) BRUHATH BANGALORE MAHANAGARA PALIKE, HAVING ITS OFFICE AT: RHB COLONY, OPP. PHOENIX MALL MAHADEVAPURA, BANGALORE- 560 038 BY ITS COMMISSIONER. AND REPRESENTED BY: ASST. EXECUTIVE ENGINEER MR. K SRIKANTH S/O. MR. A. KRISHNA AGED ABOUT 42 YEARS. …APPELLANT (BY SRI. SATYANAND B.S., ADVOCATE) AND: MR. S. L. NAGARAJU S/O. LAKSHMAIAH SHETTY AGED ABOUT 69 YEARS R/AT NO. B-15, ITI ARTILLERY INDUSTRIAL ESTATE, MAHADEVAPURA BANGALORE- 560 048. …RESPONDENT (BY SRI. N. RAGHU BABU, ADVOCATE) THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 18.08.2025 PASSED IN OS NO.746/2024 ON THE FILE OF XXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU., DECREEING THE SUIT FOR PERMANENT INJUNCTION. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:53828 RFA No. 2568 of 2025 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT This appeal by the appellant/defendant/Bruhath Bangalore Mahanagara Palike (for short “BBMP”) in O.S.No.746/2024 is directed against the impugned judgment and decree dated 18.08.2025 passed by the XXX Additional City Civil Judge, Bengaluru City, whereby the said suit filed by respondent/plaintiff against the appellant/defendant for permanent injunction and for other reliefs in relation to the suit schedule immovable property was decreed in favour of the plaintiff and against the defendant by the Trial Court. 2. Heard learned counsel for the appellant/BBMP and learned counsel for the respondent/defendant and perused the material on record. 3. With the consent of learned counsel for both the parties, who have produced the Trial Court Records, though the - 3 - HC-KAR NC: 2025:KHC:53828 RFA No. 2568 of 2025 matter is posted for Admission, it is taken up for final disposal and disposed of by this judgment. 4. Learned counsel for the appellant would invite my attention to the impugned judgment and decree in order to point out that the same would have effect of preventing the appellant/BBMP from proceeding against the respondent/plaintiff in relation to suit schedule property, in accordance with law and by following due process of law and as such, the impugned judgment and decree may be modified/clarified, by reserving liberty in favour of the appellant/defendant to take necessary steps to proceed against the respondent/plaintiff. 5. Per contra, learned counsel for respondent/plaintiff submits that in the event the appellant/defendant were to take steps against the respondent/plaintiff in relation to the suit schedule property by following due process of law and in accordance with law, liberty may be reserved in favour of the respondent/plaintiff to defend such action/ proceedings, in accordance with law. 6. A perusal of the impugned judgment and decree will indicate that the operative portion of the judgment reads as under: - 4 - HC-KAR NC: 2025:KHC:53828 RFA No. 2568 of 2025 “The suit of the plaintiff is hereby decreed. Consequently, the defendant, its agents, men or anybody under or through it, are hereby restrained by way of permanent injunction, from demolishing any portion/portions of the suit schedule building or in any way interfering with the plaintiff’s lawful possession and enjoyment of the suit schedule property. Draw decree accordingly.” 7. The suit schedule property is described as under: "SCHEDULE PROPERTY All that piece and parcel of the Commercial and Hostel building bearing No.I-1, and 1-2, Old No.100/11 New.No.103, BBMP Mahadevapura notified area Katha.No.103 & 104, situated at Mahadevapura Garudarcharpalya KR Puram Hobli, Ward.No.82, Bengaluru, measuring East to West 40 feet and North to South 80 feet, totally measuring 3200 Sq.Feet and bounded on : East by : 15 Feet Road West by : 15 Feet Road North by : Main Road and South by : Road 8. As can be seen from the impugned judgment and decree, no liberty is reserved in favour of the appellant/ defendant/BBMP to proceed against the respondent/plaintiff in - 5 - HC-KAR NC: 2025:KHC:53828 RFA No. 2568 of 2025 relation to the aforesaid suit schedule property by following due process of law and in accordance with law. 9. Under these circumstances, in view joint submissions made by both sides, I deem it just and appropriate to dispose of this appeal, by suitably modifying/clarifying the impugned judgment and decree and by issuing certain directions in this regard. 10. Accordingly, I pass the following: ORDER (i) The impugned judgment and decree dated 18.08.2025 in O.S.No.746/2024 passed by the XXX Additional City Civil Judge, Bengaluru City (CCH-31), is hereby modified/clarified that, liberty is reserved in favour of the appellant/defendant/BBMP to take appropriate action/steps against the respondent/plaintiff in relation to the suit schedule property by following due process of law and in accordance with law. - 6 - HC-KAR NC: 2025:KHC:53828 RFA No. 2568 of 2025 (ii) In the event the appellant/defendant takes such steps against the respondent/plaintiff in relation to the suit schedule property, the respondent/plaintiff shall be entitled to take up all defences and contest such action/proceeding etc., initiated/instituted by the appellant/defendant before any Court/Forum in accordance with law. (iii) All rival contentions on all aspects of the matter between the parties are kept open and no opinion is expressed on merits/demerits of the rival contentions. (iv) Subject to the aforesaid directions and reserving liberty in favour of the parties, the appeal stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE SJK List No.: 1 Sl No.: 4