- 1 - HC-KAR NC: 2026:KHC:13498 RFA No. 782 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ REGULAR FIRST APPEAL NO.782 OF 2023 (INJ) BETWEEN: SRI. C. SAMPATRAJ S/O. LATE CHANDANMAL AGED ABOUT 68 YEARS R/AT NO.17/1, "LEELA" NORTH SQUARE ROAD LEFT CROSS, BASAVANAGUDI BENGALURU-560 004 …APPELLANT (BY SRI ANNAIAH C. V., ADVOCATE) AND: SRI. K. R. RAMESH S/O. LATE K. H. RAMAKRISHNAPPA AGED ABOUT 48 YEARS R/AT NO.38, 1ST MAIN ROAD KENGERI SATELLITE OPPOSITE KABIR ASHRAM BENGALURU-560 060 …RESPONDENT (BY SMT. MANASI KUMAR, ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 06.03.2023 PASSED IN O.S. NO.8513/2018 ON THE FILE OF THE XXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH-40), BENGALURU CITY, DECREEING THE SUIT FOR PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13498 RFA No. 782 of 2023 CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL JUDGMENT This appeal is filed by the defendant in O.S. No.8513/2018 challenging the judgment and decree therein dated 06.03.2023 passed therein by the XXXIX Additional City Civil and Sessions Judge, Bengaluru, by which, a decree of perpetual injunction was granted. 2. When this appeal is listed for hearing on interlocutory application, it is brought to the notice of this Court by the learned counsel for the respondent/plaintiff that during the pendency of the above suit, the defendant/appellant herein had filed O.S. No.7772/2022 for declaration of title and his brother had filed O.S. No.7954/2022. Therefore, he contends that this appeal does not survive for consideration. 3. The learned counsel for the appellant does not dispute the fact that during the pendency of O.S. No.8513/2018, the appellant had filed O.S. No.7772/2022 for declaration of his right and for consequential relief of injunction. Hence, this appeal does not survive for consideration. - 3 - HC-KAR NC: 2026:KHC:13498 RFA No. 782 of 2023 4. Accordingly, this appeal is disposed off, reserving liberty to the appellant to raise all contentions urged in this appeal in O.S. No.7772/2022 pending before the City Civil Court, Bengaluru. 5. In view of dismissal of main appeal, pending interlocutory applications, if any, do no survive for consideration and the same stands dismissed. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 9