- 1 - HC-KAR NC: 2025:KHC:47142 RFA No. 744 of 2010 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ REGULAR FIRST APPEAL NO. 744 OF 2010 (PAR/INJ) BETWEEN: SMT. MUNIYAMMA SINCE DECEASED BY HER LRS., 1. SMT.KRISHNAMMA D/O. LATE DODDA BALAPPA AND LATE MUNIYAMMA W/O. A. NARAYAN AGED 60 YEARS, R/O.NO.403, 13TH CROSS, SADASHIVANAGAR, BANGALORE-560080. SINCE DECEASED BY HER LRS 1(a) THYAGARJA A.N. S/O LATE A. NARAYAN, AGED ABOUT 65 YEARS, R/AT 1034/6, 9TH B MAIN ROAD, 8TH CROSS, GKVK POST, JUDICIAL LAYOUT, BENGALURU-560065. 1(b) HEMALATHA A.N. D/O LATE A. NARAYAN, AGED ABOUT 61 YEARS, 94/O, 8TH CROSS, RMV EXTENTION, I STAGE, SADASHIVANAGAR, BENGALURU-560080. Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47142 RFA No. 744 of 2010 1(c) GOPALARAJ A.N. S/O LATE NARAYAN AGED ABOUT 59 YEARS, 94/O, 8TH CROSS, RMV EXTENTION, I STAGE, SADASHIVANAGAR, BENGALURU-560080. 1(d) CHITTARANJAN A.N. S/O LATE NARAYAN, AGED ABOUT 58 YEARS, R/AT NO.144, 3RD CROSS, NEW BEL ROAD, BEHIND GOWRI APARTMENTS, RAMAKRISHNA GARDENS, BENGALURU-560054. (AMENDMENT CARRIED OUT AS PER THE ORDER DATED 13.10.2023) 2. SMT. NARAYANAMMA D/O. LATE DODDA BALAPPA AND LATE MUNIYAMMA AGED 58 YEARS R/O.NO.597, 8TH 'A' CROSS, DIVANARAPALYA, BANGALORE-560054 SINCE DECEASED BY HER LRS 2(a) K.M. MOHAN RAJ S/O NARAYANAMMA AGED ABOUT 53 YEARS, 2(b) K.M.KRISHNA S/O NARAYANAMMA AGED ABOUT 51 YEARS, 2(c) K.M.DWARAKISH S/O NARAYANAMMA AGED ABOUT 49 YEARS, - 3 - HC-KAR NC: 2025:KHC:47142 RFA No. 744 of 2010 2(d) K.M.HEMAKUMAR S/O NARAYANAMMA AGED ABOUT 47 YEARS, 2(e) K.M.NAGESH S/O NARAYANAMMA AGED ABOUT 45 YEARS, RESPONDENTS 2(a) TO (e) ARE RESIDING AT NO.597, 8TH 'A' CROSS, DIVANARAPALYA, BENGALURU-560084. (AMENDMENT CARRIED OUT AS PER THE ORDER DATED 13.10.2023) …APPELLANTS (BY SRI. N HARIPRASAD, ADVOCATE FOR APPELLANT NOS.1(a) TO 1(d) AND 2(a) TO 2(e)) AND: 1. SRI MUNINARASIMHAIAH MAJOR, R/O.NO.90A, 3RD MAIN, II PHASE GOKUL I STAGE, BANGALORE-54 SINCE DECEASED BY HIS LRS 1(a) SRIDHAR YADHAV S/O MUNINARASIHMAIAH AGED ABOUT 46 YEARS, 1(b) VIVEK YADHAV, S/O MUNINARASIHMAIAH AGED ABOUT 44 YEARS, 1(c) PRAMODH YADHAV S/O MUNINARASISHMAIAH - 4 - HC-KAR NC: 2025:KHC:47142 RFA No. 744 of 2010 AGED ABOUT 42 YEARS, RESIDING AT: NO.90A, 3RD MAIN, 2ND PHASE, GOKUL I PHASE, BENGALURU-560054. (AMENDMENT CARRIED OUT AS PER THE ORDER DATED 13.10.2023) 2. SRI. M. KRISHNAPPA MAJOR, NO.438, 6TH CROSS, 1ST MAIN, 1ST STAGE, 2ND PHASE, GOKUL, BANGALORE-22 3. SRI. K.C. KEMPEGOWDA MAJOR, NO.471, 7TH CROSS, 1ST MAIN, YESWANTHPURA, BANGALORE-22 4. SMT. NARASAMMA D/O LATE DODDABALAPPA SINCE DECEASED BY HER LRS., 4(a) K.M. RATHNAMMA W/O. SRI. C. KRISHNAPPA MAJOR D/O. NARASAMMA AND MUNEGOWDA R/AT. KADARINAYAKANAHALLI VILLAGE, KOTHANUR POST, SHIDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT-562 101 4(b) K.M. LOKESH. S S/O. MUNEGOWDA AND NARASAMMA MAJOR - 5 - HC-KAR NC: 2025:KHC:47142 RFA No. 744 of 2010 4(c) K.M. SHARADAMMA D/O.MUNEGOWDA AND NARASAMMA MAJOR 4(d) SMT. TRIVENI D/O. MUNEGOWDA AND NARASAMMA MAJOR RESPONDENTS 4(b) TO 4(d) ARE R/AT KADASHEEGENAHALLI VILLAGE, KONDANAHALLI POST, CHIKKABALLAPURA TALUK, CHIKKABALLAPURA DISTRICT-562101. (RESPONDENT NOS.4(a) TO 4(d) ARE DELETED VIDE ORDER DATED 05.09.2011 AS MODIFIED BY ORDER DATED 04.12.2025) …RESPONDENTS (BY SRI. T.N. ARAKESWARA, ADVOCATE FOR RESPONDENT NOS.1 AND 3; SRI. M.V.V.RAMANA, ADVOCATE FOR LEGAL REPRESENTATIVES OF DECEASED RESPONDENT NO.1 i.e. RESPONDENT NOS.1(a) TO 1(c); NOTICE IS SERVED ON RESPONDENT NO.2 RESPONDENT NO.3 REPORTED AS DEAD AS PER THE MEMO DATED 09.12.2019 FILED BY LEARNED COUNSEL FOR RESPONDENT NOS.1 AND 3) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 08.01.2010 PASSED IN O.S. No.6056/1996 ON THE FILE OF THE VIII - 6 - HC-KAR NC: 2025:KHC:47142 RFA No. 744 of 2010 ADDITIONAL CITY CIVIL JUDGE (CCH-15), BANGALORE, DISMISSING THE SUIT FOR PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL JUDGMENT This appeal arises out of the judgment and decree dated 08.01.2010 passed in O.S No.6056/1996 by the VIII Additional City Civil Judge (CCH-15), Bengaluru City. 2. During the pendency of this appeal, respondent No.1 died and his legal representatives were permitted to be brought on record as per the order of this Court dated 13.10.2023. It is stated in the memo dated 09.12.2019 filed by the learned counsel for respondent Nos.1 and 3 that the respondent No.3 has expired. Learned counsel for respondent Nos.1 and 3 submits that respondent No.2 has also expired. 3. This being an appeal arising out of a suit for injunction, the same would not survive and has abated. Consequently, this appeal is disposed off as having abated. It - 7 - HC-KAR NC: 2025:KHC:47142 RFA No. 744 of 2010 is, however, open for the appellants to proceed in accordance with law against any person who may have interfered with the possession of the plaintiffs in respect of the suit schedule property. Sd/- (R. NATARAJ) JUDGE SMA List No.: 2 Sl No.: 2