IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL REGULAR FIRST APPEAL NO. 862 OF 2009 (INJ)

BETWEEN:

MR K A NASRUDDIN S/O K.A.MOHAMMED AZAM AGED ABOUT 70 YEARS R/A NO.38/6, (OLD NO.38/2)

BAZAAR STREET CROSS, HAYATH STD FLOOR MILL, KBAR ROAD, NEELASANDRA, BANGALORE - 560 047.

…APPELLANT (BY SRI. VISHNU HEGDE.,ADVOCATE)

AND:

SRI AHMED JAN SINCE DEAD BY HIS LRS Digitally signed

1(a) SRI. CHAND PASHA by SUMA B N Location: H IGH S/O AHMED JAN COURT OF AGED ABOUT 54 YEARS KARNATAKA

1(b) SRI. FAIROZ PASHA S/O AHMED JAN AGED ABOUT 42 YEARS

1(c) SRI. AFROZ PASHA S/O AHAMED JAN AGED ABOUT 39 YEARS ALL ARE R/AT NO.38/2, BAZAAR STREET DILKUSH HOTEL, NEELASANDRA BENGALURU - 560 047.

…RESPONDENTS (BY SRI. S.A. SAMI.,ADVOCATE FOR R1 (A TO C)

THIS RFA IS FILED UNDER SECTION 96 R/W ORDER LXI RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 17.08.2009 PASSED IN O.S.NO.7030/2004 ON THE FILE OF THE XXII ADDL. CITY CIVIL JUDGE, BANGALORE, DISMISSING THE SUIT FOR PERMANENT INJUNCTION AND ALSO DISMISSING AGAINST IA FILED UNDER ORDER XXXIX, RULE

2A OF CPC.

THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN A