Regular first appeal against a decree for declaration and permanent injunction was dismissed after parties reported an out-of-court settlement through a memo; the trial court's judgment and decree were confirmed and the trial court record was ordered to be returned.
Appeal dismissed as settled out of court; trial court decree confirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2026:KHC:22942 RFA No. 1456 of 2013
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.I.ARUN REGULAR FIRST APPEAL NO. 1456 OF 2013 (DEC/INJ)
BETWEEN:
…APPELLANT
(BY SRI. G.V. SHASHI KUMAR, ADVOCATE)
AND:
Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA
BOTH ARE R/AT NO.12 S-1, CHITRASREE ENCLAVE 1ST MAIN, 2ND BLOCK GANESHMANDIR ROAD THYAGARAJANAGAR
NC: 2026:KHC:22942 RFA No. 1456 of 2013
HC-KAR
BANGALORE-560 028.
…RESPONDENTS
(BY SRI. B.R.VISHWANATH, ADVOCATE FOR C/R1 & R2; VIDE ORDER DATED 12.01.2016, NOTICE TO R3 & R4 IS HELD SUFFICIENT)
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER XLI RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 09.07.2013 PASSED IN O.S.8264/2008 ON THE FILE OF THE XVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, PARTLY DECREEING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION.
THIS APPEAL COMING ON FOR FURTHER HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
HC-KAR
ORAL JUDGMENT
Both the counsel for appellant as well as respondents submit that the matter has been settled out of Court and a memo dated 25.04.2026 is filed by the appellant in this regard and pray for dismissal of the appeal. Memo is taken on record.
2. Recording the submission of the counsel for the
appellant, the appeal stands dismissed and the judgment and decree passed in O.S.No.8264/2008 on the file of the XVII Additional City Civil and Sessions Judge, Bengaluru (CCH-16), stands confirmed.
Registry is directed to send back the TCR to the concerned trial Court.
Pending I.As., if any, stand disposed of.
SD/(M.I.ARUN) JUDGE
PGG
List No.: 1 Sl No.: 77
1 provisions across 1 enactments
Sri U.L.Kempe Gowda
D.S.Ramakumar
Smt. D.R.Parvathi Devi
Mr. Kiran
Jayaram Reddy @ J.C.B.Jayaram
M.I.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
