- 1 - HC-KAR NC: 2026:KHC:31767 RFA No. 444 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR FIRST APPEAL NO.444 OF 2021 (INJ) BETWEEN: SRI M. MUJEEBUR RAHAMAN AGED ABOUT 47 YEARS S/O. MAHAMMAD ISMAIL R/AT NO.13/1, MOODALAPPA CROSS DODDA MAVALLI BENGALURU-560 004 …APPELLANT (BY SRI S. SATHYARTHY, ADVOCATE) AND: SRI G. GOPALAKRISHNA SETTY AGED ABOUT 72 YEARS S/O. T. P. GOVINDARAJA SETTY R/AT NO.16, S. K. LINE SHILPA BADRINATH BUILDING CHIKKA MAVALLI, OPP. TO BIKE ZONE BENGLAURU-560 004 …RESPONDENT (BY SRI MANJANNA M. S., ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 19.04.2021 PASSED IN O.S.NO.25970/2017 ON THE FILE OF THE LVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU, DISMISSING THE SUIT FOR PERMANENT INJUNCTION. Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31767 RFA No. 444 of 2021 THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT[[ Learned counsel for the appellant has filed a memo for withdrawal of the suit, which reads as follows:- "The Appellant most respectfully submits that O.S.No.25970/2017, which is the subject matter of the above appeal, may be permitted to be withdrawn with liberty to institute a fresh suit on the same cause of action, in view of the formal defects and insufficiency of pleadings and reliefs in the said suit. It is therefore prayed that this Hon'ble Court may be pleased to permit withdrawal of the said suit with liberty to institute a fresh suit for declaration and permanent injunction in respect of the same subject matter, keeping all contentions of the parties open for adjudication in the proposed suit, and pass such other order or orders as this Hon'ble Court deems fit in the interests of justice and equity." - 3 - HC-KAR NC: 2026:KHC:31767 RFA No. 444 of 2021 2. The appellant desires to withdraw the appeal with liberty to institute a fresh suit on same cause of action for the reasons stated in the memo. 3. Learned counsel for the respondent vehemently objected the memo and more particularly objected giving liberty to file fresh suit on same cause of action. 4. If appellant is permitted to withdraw the suit and to file a fresh suit on the same cause of action, in what way it prejudices the defendant is not forthcoming by the learned counsel for the defendant - respondent. This Court is not entertaining the present appeal whereas, upon the memo filed by the learned counsel for the appellant - plaintiff simply the appeal will be dismissed as withdrawn with liberty to file comprehensive suit on the same cause of action. 5. Therefore, it is ordered that placing the memo on record, the appeal is dismissed as withdrawn by giving liberty to the plaintiff - appellant to file the comprehensive - 4 - HC-KAR NC: 2026:KHC:31767 RFA No. 444 of 2021 suit on the same cause of action for seeking appropriate relief, if, the plaintiff - appellant is advised so. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MH/- List No.: 1 Sl No.: 56