HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REGULAR FIRST APPEAL NO. 95 OF 2024 (DEC/INJ)

C/W REGULAR FIRST APPEAL NO. 858 OF 2025 (INJ)

IN RFA No. 95/2024 BETWEEN:

N. SRINIVASA S/O LATE G. NARAYANASWAMY AGED ABOUT 55 YEARS NO.3, SARAKKI GARDEN, J.P. NAGAR VI PHASE BENGALURU - 560 078.

…APPELLANT (BY SRI. M.J. ALVA, ADVOCATE)

AND:

Digitally signed by CHAITHRA A Location: HIGH COURT OF 1. SMT. V. VARALAKSHMI KARNATAKA W/O LATE G. NARAYANASWAMY AGED ABOUT 65 YEARS

2. N. SRINIVAS S/O LATE G. NARAYANASWAMY AGED ABOUT 40 YEARS

3. N. ARUN KUMAR S/O LATE G. NARAYANASWAMY AGED ABOUT 42 YEARS HC-KAR

4. KUM. MANJULA D/O LATE G. NARAYANASWAMY AGED ABOUT 46 YEARS

5. KUM. VINODHA D/O LATE G. NARAYANASWAMY AGED ABOUT 45 YEARS, NOS. 1 TO 5 ABOVE R/AT NO.14, 18TH CROSS, RANGANATHAPURA MALLESWARAM, BENGALURU - 560 003.

6. R. SATHYANARAYANA S/O LATE RANGAPPA AGED ABOUT 68 YEARS, R/AT NO.218, 7TH CROSS, T. DASARAHALLI BENGALURU - 560 057.

7. S. MANU KUMAR S/O R. SATHYANARAYANA AGED ABOUT 38 YEARS, R/AT NO.218, 7TH CROSS, T. DASARAHALLI, BENGALURU - 560 057.

8. THE MANAGER / BRANCH MANAGER SHRI SARASWATHI CREDIT SOUHARDA SAHAKARI LTD., NO.32, SHRISKANDA, SIROOR PARK ROAD, NEAR HOTEL NEW KRISHNA BHAVAN, SESHADRIPURA, BENGALURU - 560 020 …RESPONDENTS (BY SRI. DINESH S, ADVOCATE FOR R1 TO R5;

SRI. M. KRISHNAPPA, ADVOCATE FOR R6 AND R7;

SMT. SHRIDEVI BHOSALE M, ADVOCATE FOR R8)

HC-KAR THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE

1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 21.12.2023. PASSED IN OS NO. 7627/2011 ON THE FILE OF V ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT FOR DECLARATION AND INJUNCTION.

IN RFA NO. 858/2025 BETWEEN:

N. SRINIVASA S/O LATE G. NARAYANASWAMY AGED ABOUT 56 YEARS NO. 3, SARAKKI GARDEN J.P. NAGAR VI PHASE BENGALURU - 560 078.

...APPELLANT (BY SRI. M.J. ALVA, ADVOCATE)

AND:

1. THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE N.R. SQUARE, BENGALURU - 560 002.

2. THE REVENUE OFFICER BRUHATH BENGALURU MAHANAGARA PALIKE GANDHINAGAR SUB-DIVISION BENGALURU - 560 009.

3. THE ASST. REVENUE OFFICER BRUHATH BENGALURU MAHANAGARA PALIKE GANDHINAGAR SUB-DIVISION BENGALURU - 560 009.

4. R. SATHYANARAYANA HC-KAR S/O LATE RANGAPPA AGED ABOUT 69 YEARS NO. 218, 7TH CROSS T.DASARAHALLI, BENGALURU - 560 057.

...RESPONDENTS (BY SMT. LAVANYA H.B, ADVOCATE)

THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 21.12.2023 PASSED IN OS NO.1372/2012 ON THE FILE OF V ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU., DISMISSING THE SUIT FOR PERMANENT INJUNCTION.

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

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL JUDGMENT

These two appeals are by the unsuccessful plaintiffs assailing the judgment and decree rendered in O.S.No.7627/2011 and O.S.No.1372/2012, wherein the Trial Court has dismissed these suits. Appeal in RFA.No.95/2024 is filed questioning the judgment and decree rendered in O.S.No.7627/2011 and RFA.No.858/2025 is filed questioning the judgment and decree rendered in O.S.No.1372/2012.

HC-KAR

2. For the sake of brevity, the parties are referred to as per their rankings before the Trial Court.

3. Before this Court proceeds further, this Court deems it fit to extract the family tree, which is as under:

G.Narayanaswamy (13.10.2000)

Jayamma Varalaxmi I wife (9-6-2006) II wife (defendant No.1)

Yashoda Mohankumar N.Srinivas Manjula Vinoda Arunkumar N.Srinivas (plaintiff)

(defendant 4) (defendant 5) (defendant 3) (defendant 2)

4. Facts leading to the case are as under:

The relationship between the parties is not in dispute. The plaintiff is the son born to Jayamma, wife of late Narayanaswamy. Defendants No.2 to 5 are the children born through Varalakshmi, the 2^nd wife. The genealogical tree placed on record reveals that Narayanaswamy had two wives and, curiously, two sons bearing the identical name “N. Srinivas.” The present HC-K