Mr.Nagavarma Prabhu A vs Mrs.Srilakshmi N
2025 Latest Caselaw 5795 Kant

Karnataka High Court

Mr.Nagavarma Prabhu A vs Mrs.Srilakshmi N on 19 August, 2025

                                                  -1-
                                                               NC: 2025:KHC:32236
                                                              RFA No. 628 of 2025


                      HC-KAR



                          IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                DATED THIS THE 19TH DAY OF AUGUST, 2025

                                                BEFORE

                                THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

                             REGULAR FIRST APPEAL NO.628 OF 2025 (DEC/INJ)

                      BETWEEN:

                      MR. NAGAVARMA PRABHU .A
                      S/O LATE GOPALAKRISHNA ANANTHAN
                      AGED ABOUT 44 YEARS,
                      EARLIER AT NO.227, 1ST FLOOR,
                      HRBR LAYOUT 1ST BLOCK,
                      KALYAN NAGAR, BENGALURU-560043.

                      PRESENTLY RESIDING AT:
                      FLAT NO.207, ARJUN AURA APARTMENT,
                      97/4, 5TH CROSS, BILEKAHALLI,
                      OFF: BANNERGHATTA ROAD,
                      BENGALURU-560076.
                                                                      ...APPELLANT

                      (BY SRI R M ANNAMALAI, ADVOCATE)

                      AND:
Digitally signed by
MAHALAKSHMI B M
Location: HIGH        MRS. SRILAKSHMI .N
COURT OF              W/O MR. NAGAVARMA PRABHU .A
KARNATAKA             AGED ABOUT 43 YEARS,
                      D/O MR. NARAYANASWAMY N.K.
                      HAVING PERMANENT RESIDENT AT
                      NO.159, 3RD CROSS, RAMAKRISHNA NAGAR,
                      4TH BLOCK, NANDINI LAYOUT.
                      BENGALURU-560096.

                      PRESENTLY RESIDING AT
                      FLAT NO.R-702, ROHAN JAROKA II,
                      KEMPAPURA MAIN ROAD,
                      YAMALURU, BELLANDUR,
                      BENGALURU-560037.
                                                                    ...RESPONDENT
                                 -2-
                                              NC: 2025:KHC:32236
                                            RFA No. 628 of 2025


HC-KAR




     THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE
JUDGMENT AND DECREE DATED 03.02.2025 PASSED IN
O.S.NO.291/2019 ON THE FILE OF THE I ADDITIONAL PRINCIPAL
JUDGE, FAMILY COURT, BENGALURU, DISMISSING THE SUIT FOR
DECLARATION AND INJUNCTION.

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

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


                      ORAL JUDGMENT

The present Regular First Appeal is preferred by the

plaintiff assailing the legality and correctness of the

judgment and decree dated 03.02.2025 passed in OS No.

291/2019 on the file of the I Additional Principal Judge,

Family Court, Bengaluru.

2. The suit for declaration and permanent

injunction is filed before the Family Court, Bengaluru and

by the impugned judgment and decree the suit came to be

dismissed. Section 19 (1) of the Family Courts Act, 1984

(for short 'the Act') clearly envisages that, an appeal

would lie from every judgment or order, not being an

interlocutory order, of a Family Court to the High Court

both on facts and on law. The present Regular First

NC: 2025:KHC:32236

HC-KAR

Appeal under Section 96 of the Code of Civil Procedure is

not maintainable in light of Section 19(1) of the Act.

3. Accordingly, the appeal is dismissed as not

maintainable. Appellant is at liberty to file an appeal

before the appropriate Court in accordance with law.

Liberty is reserved to the appellant to seek exclusion of

time under Section 14 of the Limitation Act, 1963 in

accordance with law.

Sd/-

____________________

JUSTICE K.S. HEMALEKHA

CKL