- 1 - HC-KAR CNR: KAHC010116122022 NC: 2026:KHC:36722 RFA No. 462 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR FIRST APPEAL NO. 462 OF 2022 (INJ) BETWEEN: SRI. C. NAGARAJ, S/O LATE CHANNIGARAYAPPA, AGED ABOUT 52 YEARS, R/AT NO.573, 8TH CROSS, 1ST MAIN, YESHWANTHAPUR, BANGALORE - 560 022. …APPELLANT (BY SRI. PREMA KUMAR A.L., ADVOCATE) AND: SRI. M. KRISHNAMURTHY, S/O SRI. MADAIAH, AGED ABOUT 51 YEARS, R/AT NO.2562, 11TH MAIN ROAD, E BLOCK, RAJAJINAGAR, 2ND STAGE, BANGALORE - 560 010. …RESPONDENT (BY SRI.BABU T.C., ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 22.02.2022 PASSED IN OS.No.1186/2014 ON THE FILE OF THE XVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BANGALORE CITY (CCH-16), DISMISSING THE SUIT FOR INJUNCTION. Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010116122022 NC: 2026:KHC:36722 RFA No. 462 of 2022 THIS APPEAL, COMING ON FOR FURTHER 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 an application in I.A.No.1/2026 under Order XXIII Rule 1 (iii) of Code of Civil Procedure, seeking permission to withdraw the suit in O.S.No.1186/2014 with a liberty to file a fresh suit for declaratory relief on the same cause of action and protect the possession of the suit schedule property. 2. Learned counsel for the respondent submitted that he has no objection for withdrawing the suit, with a liberty to file a fresh suit for declaration on the same cause of action in the present suit, but there shall not be any further orders. 3. In view of the above, this Court proceed to pass the following: ORDER (i) I.A.No.1/2026 is allowed. - 3 - HC-KAR CNR: KAHC010116122022 NC: 2026:KHC:36722 RFA No. 462 of 2022 (ii) The appellant is permitted to withdraw the suit in O.S.No.1186/2014 by reserving liberty to file a fresh suit seeking declaratory relief on the same cause of action as mentioned in the said suit. (iii) It is made clear that there would not be any other order in this appeal except above. With the above observations, the appeal stands dismissed as withdrawn. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MKM List No.: 1 Sl No.: 51