HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR FIRST APPEAL NO. 601 OF 2019 (DEC/INJ)

C/W

REGULAR FIRST APPEAL NO. 600 OF 2019 (INJ)

IN RFA No. 601/2019

BETWEEN: C. RAMESH,

AGED ABOUT 46 YEARS,

S/O LATE CHANNE GOWDA,

RESIDING AT NO.77,

BEHIND SABHARWAL HOTEL,

NALA CROSS K.H. ROAD,

SUDHMA NAGAR,

BENGALURU 560027.

…APPELLANT

(BY SRI C RAMESH - APPELLANT (ABSENT),

Dig itally V/O/DT 06.01.2026, VAKALATH NOT FILED

signed by C IN R/O APPELLANT)

HONNUR

SAB

AND:

Location:

HIGH COURT

OF 1. SMT. K. SUNANDA,

KARNATAKA AGED ABOUT 50 YEARS,

W/O ALTE RAME GOWDA,

D/O LATE KEMPLANNA AND

SMT. GIRIYAMMA, R/AT NO.77,

BEHIND SABHARWAL HOTEL,

NALA CROSS K.H. ROAD,

SUDHMA NAGAR,

BENGALURU 560027.

HC-KAR

2. MANJUNATH, AGED ABOUT 32 YEARS, S/O LATE RAME GOWDA AND SMT K SUNANDA, R/AT NO.77, BEHIND SABHARWAL HOTEL, NALA CROSS K.H. ROAD, SUDHMA NAGAR, BENGALURU - 560027.

3. SMT SUJATHAMMA, AGED ABOUT 22 YEARS, W/O C RANGAPPA, D/O LATE KEMLPANNA AND SMT GIRIYAMMA, R/A NO.20, 6TH CROSS, AYYAPPA TEMPLE ROAD, SUDHMA NAGAR, BENGALURU 560027.

4. SMT R CHANDIRKA, AGED ABOUT 31 YEARS, D/O C RANGAPPA, W/O KESHAVA KUMAR, R/A NO.20, 6^TH CROS, AYYAPPA TEMPLE ROAD, SUDHMA NAGAR, BENGALURU 560027.

…RESPONDENTS (BY SRI M S HARINATH, ADVOCATE FOR C/R3 AND R4, V/O/DT 22.02.2024, R1 AND R2 ARE H/S)

THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 OF CPC., 1908 AGAINST THE JUDGMENT AND DECREE DATED 15.12.2018 PASSED IN OS.NO.5878/2013 ON THE FILE OF THE XLI ADDITIONAL CITY CIVIL JUDGE, AT BENGALURU, DISMISSING THE SUIT FOR PERMANENT INJUNCTION AND POSSESSION.

HC-KAR IN RFA NO. 600/2019 BETWEEN: C. RAMESH, AGED ABOUT 52 YEARS, S/O LATE CHANNE GOWDA, R/AT NO.77, BEHIND SABHARWAL HOTEL, NALA CROSS, K H ROAD, SUDHMA NAGAR, BENGALURU-560027.

...APPELLANT (BY SRI C RAMESH - APPELLANT (ABSENT), V/O/DT 06.01.2026, VAKALATH NOT FILED IN R/O APPELLANT)

AND:

1. SMT. K. SUNANDA, AGED ABUOT 50 YEARS, W/O LATE RAME GOWDA, D/O LATE KEMPANNA AND SMT GIRIYAMMA, R/AT NO.77, BEHIND SABHARWAL HOTEL, NALA CROSS, K H ROAD, SUDHAMA NAGAR, BENGALURU-560027.

2. MANJUNATH, AGED ABOUT 32 YEARS, S/O LATE RAME GOWDA AND SMT K SUNANDA, R/AT NO.77, BEHIND SABHARWAL HOTEL, NALA CROSS, K H ROAD, SUDHAMA NAGAR, BENGALURU-560027.

3. SMT SUJATHAMMA, AGED ABOUT 58 YEARS, W/O C RANGAPPA, D/O LATE KEMPANNA AND SMT GIRIYAMMA, R/A NO.20, 6^TH CROSS, AYYAPPA TEMPLE ROAD, SUDHMA NAGAR, BENGALURU-560027.

HC-KAR

4. SMT R CHANDRIKA AGED ABOUT 37 YEARS, D/O C RANGAPPA, W/O KESHAVA KUMAR R/A NO.20, 6^TH CROSS, AYYAPPA TEMPLE ROAD, SUDHMA NAGAR, BENGALURU-560027 ...RESPONDENTS (BY SRI HARINATH M S, ADVOCATE FOR C/R3 & R4, V/O/DT 12.01.24 NOTICE TO R1 AND R2 IS H/S)

THIS RFA IS FILED UNDER SEC.96 R/W.ORDER 41 OF THE CPC., 1908 AGAINST THE JUDGMENT AND DECREE DATED 15.12.2018 PASSED IN OS NO.5878/2013 ON THE FILE OF THE XLI ADDL.CITY CIVIL JUDGE, BANGALORE DISMISSING THE SUIT FOR PERMANENT INJUNCTION AND ALLOWING THE COUNTER CLAIM FILED BY THE 4TH RESPONDENT HEREIN THE APPELLANT HEREIN IS PREFERRING THE ABOVE APPEAL AGAINST THE JUDGMENT ALLOWING THE COUNTER CLAIM.

THESE APPEALS, COMING ON FOR DISMISSAL THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE HC-KAR

ORAL JUDGMENT

These cases were listed on 06.01.2026.

2. The counsel for the appellant had filed a memo seeking leave of the Court to retire from the brief. Learned counsel was permitted to retire from the brief and the case was ordered to be listed today under the caption 'dismissal' in case of no representation on behalf of the appellant.

3. There is no representation on behalf of the appellant.

4. It is also noticed that on 21.07.2025, the counsel for the appellant had made a statement that he is not receiving any instructions from the appellant.

5. Accordingly, the Appeals are dismissed for non-

prosecution Sd/-

(ANANT RAMANATH HEGDE)

JUDGE GVP List No.: 2 Sl No.: 17