Disposed

Sri C Sampatraj v. Sri K R Ramesh

Karnataka HC5 Mar 2026RFA/782/2023

Case brief

AI extract

What is this about?

Defendant's regular first appeal against a decree of perpetual injunction in the plaintiff's favour. The court noted that during pendency of the suit the appellant had filed a fresh suit for declaration of title and consequential injunction, so the appeal did not survive; it was disposed of with liberty to urge all contentions in the later suit.

What did the court decide?

Appeal disposed of; liberty reserved to appellant to raise contentions in O.S. No.7772/2022; pending interlocutory applications dismissed.

Sri C Sampatraj Vs Sri K R Ramesh — Property and Title | Karnataka HC (2026)

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NC: 2026:KHC:13498 RFA No. 782 of 2023

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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 5^TH DAY OF MARCH, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE R. NATARAJ REGULAR FIRST APPEAL NO.782 OF 2023 (INJ)

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BETWEEN:

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SRI. C. SAMPATRAJ S/O. LATE CHANDANMAL AGED ABOUT 68 YEARS R/AT NO.17/1, "LEELA" NORTH SQUARE ROAD LEFT CROSS, BASAVANAGUDI BENGALURU-560 004

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…APPELLANT

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(BY SRI ANNAIAH C. V., ADVOCATE)

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AND:

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Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

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SRI. K. R. RAMESH S/O. LATE K. H. RAMAKRISHNAPPA AGED ABOUT 48 YEARS R/AT NO.38, 1^ST MAIN ROAD KENGERI SATELLITE OPPOSITE KABIR ASHRAM BENGALURU-560 060 …RESPONDENT (BY SMT. MANASI KUMAR, ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 06.03.2023 PASSED IN O.S. NO.8513/2018 ON THE FILE OF THE XXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH-40), BENGALURU CITY, DECREEING THE SUIT FOR PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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NC: 2026:KHC:13498 RFA No. 782 of 2023

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE R. NATARAJ

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ORAL JUDGMENT

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This appeal is filed by the defendant in O.S. No.8513/2018 challenging the judgment and decree therein dated 06.03.2023 passed therein by the XXXIX Additional City Civil and Sessions Judge, Bengaluru, by which, a decree of perpetual injunction was granted.

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When this appeal is listed for hearing on interlocutory application, it is brought to the notice of this Court by the learned counsel for the respondent/plaintiff that during the pendency of the above suit, the defendant/appellant herein had filed O.S. No.7772/2022 for declaration of title and his brother had filed O.S. No.7954/2022. Therefore, he contends that this appeal does not survive for consideration.

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The learned counsel for the appellant does not dispute the fact that during the pendency of O.S. No.8513/2018, the appellant had filed O.S. No.7772/2022 for declaration of his right and for consequential relief of injunction. Hence, this appeal does not survive for consideration.

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NC: 2026:KHC:13498 RFA No. 782 of 2023

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HC-KAR

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Accordingly, this appeal is disposed off, reserving

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liberty to the appellant to raise all contentions urged in this appeal in O.S. No.7772/2022 pending before the City Civil Court, Bengaluru.

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In view of dismissal of main appeal, pending interlocutory applications, if any, do no survive for consideration and the same stands dismissed.

Sd/(R. NATARAJ)

JUDGE

List No.: 1 Sl No.: 9

Sri C Sampatraj v. Sri K R Ramesh

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Sri C Sampatraj v. Sri K R Ramesh

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