Sri Venkatarayappa v. Sri Achappa
Civil Procedure – Regular Second Appeal under Section 100, Code of Civil Procedure
Case brief
What is this about?
High Court of Karnataka at Bengaluru, 22.09.2025 — V Srishananda, J. — RSA No.958 OF 2025 (INJ) — Venkatarayappa (appellant, adv. M.V. Thanuja) v. Achappa (respondent) — appeal under Section 100 CPC against judgment/decree dated 20.03.2025 in RA.No.113/2023 confirming decree dated 26.08.2023 in O.S.No.431/2015, Chikkaballapura — dismissed as withdrawn on appellant's memo citing concurrent finding on possession and disputed change of survey number, with contemplation of an independent suit for declaration of title and possession; injunction remedy noted as continuous cause of action permitting fresh suit. Keywords: withdrawal of second appeal, memo, concurrent finding, change of survey number, injunction, Chikkaballapura.
What did the court decide?
Appeal dismissed as withdrawn; appellant's memo (praying liberty to institute an independent suit for declaration of title and consequential relief of possession) placed on record; court observed that a fresh suit for injunction may be filed if fresh cause of action arises.