Sri C Nagaraj v. Sri M Krishnamurthy
Case brief
What is this about?
Karnataka HC, Bengaluru: injunction-suit RFA ends 'dismissed as withdrawn' on appellant's motion under Order XXIII Rule 1(iii) CPC (I.A.No.1/2026) with respondent's consent; withdrawal with liberty to file fresh suit for declaratory relief on same cause of action granted; possession of suit schedule property to be protected; Section 96 CPC first appeal; O.S.No.1186/2014, decree dated 22.02.2022, XVII Addl City Civil and Sessions Judge, Bangalore City (CCH-16); no further orders; bench: Hanchate Sanjeevkumar, J.; decided 16.07.2026; CNR KAHC010116122022; NC 2026:KHC:36722.
What did the court decide?
Appellant permitted to withdraw O.S.No.1186/2014 with liberty reserved to file a fresh suit for declaratory relief on the same cause of action; I.A.No.1/2026 allowed; no other orders passed in the appeal, which stands dismissed as withdrawn.