- 1 - HC-KAR CNR: KAHC010238522019 NC: 2026:KHC:48629 RFA No. 1661 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 1661 OF 2019 (INJ) BETWEEN: SRI. T. KRISHNAPPA S/O LATE THAMMAIAH, AGED ABOUT 69 YEARS, RESIDING AT NO.33, KARIYAMMANA AGRAHARA, BELLANDUR POST, BENGALURU-560 103 …APPELLANT (BY SRI. NAGAIAH AND SRI. VINAY G, ADVOCATES) AND: SRI. R. NAGESH SON OF M. RAMAKRISHNA, AGED ABOUT 43 YEARS, RESIDING AT NO.603, AECS LAYOUT, 1ST CROSS, "C" BLOCK, NEAR KUNDALAHALLI, MARATHAHALLI POST, BENGALURU-560 037 …RESPONDENT (BY SRI. R.B SADASIVAPPA, ADVOCATE FOR C/R) THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 03.06.2019 PASSED IN OS.NO.9212/2014 ON THE FILE OF THE VI ADDITIONAL CITY Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010238522019 NC: 2026:KHC:48629 RFA No. 1661 of 2019 CIVIL AND SESSIONS JUDGE, BENGALURU CITY DECREEING THE SUIT FOR PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT During the course of arguments, learned counsel for the appellant submits that a suit for declaration and injunction has been filed against the respondent in O.S.No.4566/2019. As such, he submits that he may be permitted to file a memo to withdraw the appeal reserving liberty to urge all his contentions before the Trial Court in O.S.No.4566/2019. 2. The submission and memo is taken on record. 3. In view of the above, the appeal is disposed of reserving liberty to both the parties to urge their contentions in the aforementioned suit before the Trial Court. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 65