- 1 - HC-KAR NC: 2026:KHC:31532 RFA No. 1055 of 2024 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. 1055 OF 2024 (INJ) BETWEEN: SRI. HANUMANTHARAYAPPA S/O LATE HANUMAIAH @ HANUMEGOWDA AGED ABOUT 58 YEARS R/AT NO. 703, SHREE MARUTHI NILAYA OPP: DR. AMBEDKAR INSTITUTE OF TECHNOLOGY, BALAGANGADHARANAGAR, MALLATHAHALLI EXTENSION, JNANABHARATHI POST, BENGALURU - 560 056. …APPELLANT (BY SRI. K.P. BHUVAN, ADVOCATE FOR SRI. RAJU S, ADVOCATE) AND: 1. SMT. GANGAMMA W/O LATE ASHWATHANARAYANA AGED ABOUT 53 YEARS, R/AT NO. 210, GIRVANI NILAYA 12TH CROSS, MUNESHWARANAGAR ULLALU MAIN ROAD, BENGALURU - 560 056. 2. SRI. S.C. SHIVANNA S/O LATE CHANNAPPA AGED ABOUT 63 YEARS R/AT 24, 2ND CROSS, 50FT ROAD, HEGGANAHALLI CROSS SANJEEVINI NAGAR BENGALURU - 560 091. Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31532 RFA No. 1055 of 2024 3. SMT. SHWETHA A D/O LATE ASHWATHANARAYANA AGED ABOUT 33 YEARS R/AT NO. 210, GRIVANI NILAYA 12TH CROSS, MUNESHWARANAGAR ULLALU MAIN ROAD, BENGALURU - 560 056. 4. SRI. M.H. RAMMURTHY S/O LATE HANUMAIAH AGED ABOUT 53 YEARS 5. SMT. KALAVATHI W/O LATE HANUMANTHA AGED ABOUT 55 YEARS 6. SMT. TULASI KUMAR S/O LATE HANUMANTHA AGED ABOUT 31 YEARS 7. SMT. ANJINAMMA @ BHARATHI M D/O LATE HANUMANTHA AGED ABOUT 30 YEARS 8. SRI. KARTHIK KUMAR S/O LATE HANUMANTHA AGED ABOUT 32 YEARS 9. VASANTHA W/O LATE SHANKARA AGED ABOUT 43 YEARS 10. SMT. MAHALAKSHMI D/O LATE KRISHNAPPA AGED ABOUT 33 YEARS RESPONDENTS 4 TO 10 ARE R/AT NO. 201/1, OPP: SHREE ANJANEYA SWAMY TEMPLE MALLATHAHALLI JNANABHARATHI POST BENGALURU - 560 056. - 3 - HC-KAR NC: 2026:KHC:31532 RFA No. 1055 of 2024 …RESPONDENTS (BY SRI. VISWANATHA SETTY V, ADVOCATE FOR R1 TO R3; R4 TO R10 MAY BE DISPENSED WITH AS PER CAUSE TITLE) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 29.02.2024 PASSED IN OS.NO.7557/2018 ON THE FILE OF THE XV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, DECREEING THE SUIT FOR PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT This regular first appeal is filed by defendant No.8 calling in question the judgment and decree dated 29.02.2024, passed in O.S.No.7557/2018, on the file of Learned XV Additional City Civil and Sessions Judge, Bangalore. The suit filed by the plaintiff for injunction came to be decreed. 2. It is the grievance of defendant No.8 that the trial Court has not given sufficient opportunities to him to lead evidence. It is submitted that judgment and decree passed by the trial Court is based on one side evidence and therefore, requested to remand the matter to the trial Court for disposal - 4 - HC-KAR NC: 2026:KHC:31532 RFA No. 1055 of 2024 in accordance with law, after recording evidence of defendant No.8. 3. Though learned counsel for the respondents has submitted that the trial Court has given sufficient opportunities to lead evidence, but the fact remains that the appellant has not led evidence. 4. On perusal of the material on record, I am of the opinion that since defendant No.8 is a contesting party in the suit, he shall be given opportunity to lead his evidence. Therefore, the matter requires to be remanded to the trial Court, with a direction to the trial Court to provide opportunity to both the parties to lead evidence, if they are so advised and dispose of the case on merits. Hence, I proceed to pass the following: ORDER i. The regular first appeal is allowed. ii. The judgment and decree dated 29.02.2024 in O.S.No.7557/2018, on the file of the learned XV Additional City Civil - 5 - HC-KAR NC: 2026:KHC:31532 RFA No. 1055 of 2024 and Sessions Judge, Bangalore, is set aside. iii. Both the parties are at liberty at lead evidence, if they are so advised. iv. If any applications are filed by the defendants for recalling of PW.1, the same shall be honoured. v. Both the parties are directed to appear before the trial Court on 20.07.2026, without anticipating any summons or notice from the trial Court. vi. The trial Court shall dispose of the suit as expeditiously as possible. vii. All contentions are left open. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE rv List No.: 1 Sl No.: 49