Dismissed¶34

Sri S M Basavaraju v. Smt. Supriya H a

Karnataka HC25 Jun 2026RFA/1146/2022

Case brief

AI extract

What is this about?

S M Basavaraju v. Supriya H A | High Court of Karnataka, Bengaluru | RFA No. 1146 of 2022 (RES) | decided 25.06.2026 by Hanchate Sanjeevkumar J. | challenge to order dt. 25.03.2022 in O.S.No.4416/2020 (LXI Addl. City Civil and Sessions Judge, Bangalore) allowing rejection of plaint under Order VII Rule 11 r/w Section 151 CPC in a bare-injunction suit | appeal dismissed as withdrawn on memo dt. 25.06.2026; appellant dispossessed after trial court order and intended fresh suit for declaration and recovery of possession | keywords: plaint rejection, O7R11 CPC, S.96 CPC RFA, withdrawal of appeal, liberty to file fresh suit.

What did the court decide?

Appeal permitted to be withdrawn and dismissed as withdrawn; withdrawal memo taken on record. ¶34

Sri S M Basavaraju Vs Smt. Supriya H a — Karnataka HC (2026) — LawSathi Research

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1 - NC: 2026:KHC:31954 RFA No. 1146 of 2022

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 25^TH DAY OF JUNE, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR FIRST APPEAL NO. 1146 OF 2022 (RES)

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BETWEEN:

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SRI S M BASAVARAJU

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AGED ABOUT 66 YEARS S/O SOMARAJU R/AT NO.6, 4^TH MAIN ROAD VINAYAKA LAYOUT, VIJAYANAGARA BANGALORE-560040.

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…APPELLANT

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(BY SRI. C V SRINIVASA., ADVOCATE)

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AND:

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SMT. SUPRIYA H A

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Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA

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D/O SRI VENKATESH RESIDING AT NO.2, 6^TH CROSS SHIVANANDANAGAR, MUDALPALYA GKW LAYOUT, VIJAYANAGAR BENGALURU-560072.

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…RESPONDENT

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(BY SRI. CHETAN JADHAV., ADVOCATE/CR)

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THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE ORDER ON IA NO.III DATED 25.03.2022 PASSED ON IA NO.III IN OS No.4416/2020 ON THE FILE OF THE LXI ADDL. CITY CIVIL AND SESSIONS JUDGE,

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2 - NC: 2026:KHC:31954 RFA No. 1146 of 2022

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HC-KAR

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BANGALORE, ALLOWING THE IA NO.III FILED UNDER ODER VII RULE 11 R/W SECTION 151 OF CPC., FOR REJECTION OF PLAINT.

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THIS REGULAR FIRST APPEAL IS COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

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ORAL JUDGMENT

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Learned counsel for the appellant has filed a memo

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dated 25.06.2026, which reads as under:

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MEMO FOR WITHDRAWAL

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The advocate for appellant humbly begs to state as follows:-

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"The appellant has filed the above appeal against the order dated 25.03.2022 passed in O.S.No.4416/2020. The above matter is set down for admission before this Hon'ble Court. The appellant has filed a suit for bare injunction and it is an admitted fact that after the trial court passed the order recently the appellant dispossessed from the suit schedule property. Now the appellant has to file the suit for declaration and with the consequential relief for recovery of possession from the

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3 - NC: 2026:KHC:31954 RFA No. 1146 of 2022

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HC-KAR

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respondent herein. Hence, the appellant prays that this Hon'ble Court be pleased to allow this memo of withdrawal with reserving the liberty to file suit for declaration and recovery of possession in the interest of justice and equity."

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Memo is taken on record.

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Accordingly, the appeal is dismissed as withdrawn.

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Sd/(HANCHATE SANJEEVKUMAR) JUDGE

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List No.: 1 Sl No.: 38

Sri S M Basavaraju v. Smt. Supriya H a

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Sri S M Basavaraju v. Smt. Supriya H a

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