- 1 - HC-KAR NC: 2026:KHC:35403 RFA No. 2860 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR FIRST APPEAL NO. 2860 OF 2025 (INJ) BETWEEN: 1. SRI. MAHESH G. KINI S/O LATE SRI. T.G. KINI, AGED ABOUT 51 YEARS, R/AT NO.32, SYNDICATE BANK COLONY, MAGADI MAIN ROAD, BENGALURU – 560 079. …APPELLANT (BY SRI. K N PHANINDRA, SR. COUNSEL FOR SMT. VAISHALI HEGDE, ADVOCATE) AND: 1. SRI. N. VENKATARAMA S/O. NOT KNOWN TO THE PLAINTIFF, AGED ABOUT 45 YEARS, R/AT 5, 3RD MAIN ROAD, BYRAVESHWARA NAGAR, NAGARBHAVI MAIN ROAD, OPP. TO CANARA BANK COLONY, BENGALURU – 560 072. …RESPONDENT (BY SRI. MADHUSUDHAN M.N, ADVOCATE) THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 06.02.2024 PASSED IN OS NO.104/2021 ON THE FILE OF LII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE AND ETC., Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35403 RFA No. 2860 of 2025 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The Regular First Appeal is filed by the plaintiff calling in question the judgment and decree dated 06.02.2024 passed in O.S.No.104/2021 by the Court of the LII Additional City Civil & Sessions Judge, Bangalore (CCH–53), whereby the suit filed for permanent injunction is dismissed. 2. Learned Senior counsel Sri.K.N.Phanindra, submitted that now the plaintiff has filed a comprehensive suit for declaration, possession and permanent injunction in O.S. No.3815/2026 before the City Civil Court, Bengaluru and is pending for consideration. Therefore, it is submitted that in view of the comprehensive suit is filed, the present appeal be disposed of with direction that the observations made in the present judgment shall not come in the way of deciding the above suit. 3. For which, learned counsel for the respondent submitted that he has no objection for submission made by the - 3 - HC-KAR NC: 2026:KHC:35403 RFA No. 2860 of 2025 learned Senior Counsel. Therefore, the present appeal is disposed of with a direction that whatever observations made in the present judgment shall not come in the way of considering the suit in O.S.No.3815/2026 while considering the case on its merits. 4. The Trial Court is directed to consider and decide the suit in accordance with law by appreciating the evidence on record to be adduced in O.S.No.3815/2026 as per law. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE KA List No.: 1 Sl No.: 37