- 1 - HC-KAR CNR: KAHC010689842023 NC: 2026:KHC:37036 RSA No. 2233 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 2233 OF 2023 (INJ) BETWEEN: SMT. DEVAMMA @ DEVI W/O CHELUVAIAH AGED ABOUT 66 YEARS, R/AT SUGGANAHALLI VILLAGE, SRAVANABELAGOLA HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT - 573 135. …APPELLANT (BY SRI. K.N. NITISH, ADVOCATE FOR SRI. K.V. NARASIMHAN, ADVOCATE) AND: NANJUNDEGOWDA S/O LATE SHIVANNA AGED ABOUT 61 YEARS, R/AT SUGGANAHALLI VILLAGE, SRAVANABELAGOLA CHANNARAYAPATNA TALUK HASSAN DISTRICT - 573 135. …RESPONDENT (BY SRI. SHRIKARA P.K, ADVOCATE) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 23.09.2022 PASSED IN Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010689842023 NC: 2026:KHC:37036 RSA No. 2233 of 2023 RA NO.14/2020 ON THE FILE OF ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHANNARAYAPATNA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 22.11.2019 PASSED IN OS NO.502/2011 ON THE FILE OF II ADDITIONAL CIVIL JUDGE AND JMFC, CHANNARAYAPATNA. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. Learned counsel for the appellant has filed a memo. Learned counsel for contesting respondent has no objection to place the memo on record and dispose of the appeal. 2. Memo reads as under: “The appellant herein has preferred an appeal in RSA 2080/2011 before the Hon’ble Court which arises out of the suit filed by the appellant seeking declaration of title and permanent injunction. An interim order of temporary injunction is in force int eh said appeal. In view of the fact that injunction has been granted in O.S.No.502/2011 confirmed in RA 14/2020 from - 3 - HC-KAR CNR: KAHC010689842023 NC: 2026:KHC:37036 RSA No. 2233 of 2023 which above appeal arises it is prayed that this Hon’ble Court be pleased to dispose the above appeal observing the decree subservient to the decree to be passed in RA 2080/2011 and further in which event of appellant succeeding in the said appeal the respondent herein shall not be entitled to press into service the decree in O.S.No.502/2011 in the interest of justice and equity.” 3. Placing the memo on record, taking note of the fact that appeal filed by the present appellant is already pending which is filed seeking declaratory relief that appellant is the owner of the suit property, if the appellants succeeds in the said appeal, injunction decree will be subservient to that and respondent would not claim any benefit of the impugned judgment of decree of injunction which is impugned in the present appeal. 4. Placing the memo on record, appeal stands dismissed. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 51