IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO.749 OF 2023 (INJ)

BETWEEN:

SRI JANARDHANA MARIYAPPA AGED ABOUT 58 YEARS, S/O LATE N. MARIYAPPA, NO.435/B, 8^TH MAIN ROAD, VIJAYANAGAR, BANGALORE-560040.

…APPELLANT (BY SRI B.R. VISHWANATH, ADVOCATE)

AND:

N.B. GURUDEV MAJOR, S/O N.L. BYREGOWDA, NO.4, F.T.I. COLONY, Digitally signed by NEAR WATER TANK, MAHALAKSHMI B M NANDINI LAYOUT, Location: HIGH BANGALORE-560058.

COURT OF …RESPONDENT KARNATAKA (BY SRI A. MADHUSUDHANA RAO, ADVOCATE)

THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 15.02.2023 PASSED IN O.S.NO.5035/2016 ON THE FILE OF THE LXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, DISMISSING THE SUIT FOR PERMANENT INJUNCTION.

THIS APPEAL COMING ON FOR ORDER, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL JUDGMENT

The present appeal is preferred by the plaintiff assailing the judgment and decree dated 15.02.2023 in OS No.5035/2016, on the file of the LXII Additional City Civil and Sessions Judge, Bengaluru City (hereina