Rizwan Pasha vs Krishnappa
2025 Latest Caselaw 11137 Kant

Karnataka High Court

Rizwan Pasha vs Krishnappa on 3 December, 2025

Author: S.R.Krishna Kumar

Bench: S.R.Krishna Kumar

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                                                     NC: 2025:KHC:50438
                                                    RFA No. 509 of 2020


                 HC-KAR




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 3RD DAY OF DECEMBER, 2025

                                         BEFORE
                      THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
                      REGULAR FIRST APPEAL NO.509 OF 2020 (INJ)

                BETWEEN:

                RIZWAN PASHA
                S/O ABDUL SAMAD
                AGED ABOUT 50 YEARS
                R/AT NO.398, 2ND MAIN ROAD
                3RD STAGE, PILLANNA GARDEN
                BANGALORE-560045.
                                                           ...APPELLANT

                (BY SRI. M.V.VEDACHALA, ADVOCATE)

                AND:

                1.     KRISHNAPPA
                       S/O LATE MUTHAPPA
Digitally signed       AGED ABOUT 82 YEARS
by CHANDANA
BM               2.    NARAYAN
Location: High         S/O KRISHNAPPA
Court of
Karnataka              AGED ABOUT 47 YEARS

                3.     KISHORE
                       S/O KRISHNAPPA
                       AGED ABOUT 44 YEARS

                4.     ANAND
                       S/O KRISHNAPPA
                       AGED ABOUT 42 YEARS

                       ALL ARE R/AT NO.198/D
                       10TH CROSS, VINOBHANAGARA
                                -2-
                                              NC: 2025:KHC:50438
                                            RFA No. 509 of 2020


HC-KAR



    K.G.HALLI, ARABIC COLLEGE POST
    BANGALORE-560045.
                                                 ...RESPONDENTS

(BY SRI. C. VINAY SWAMY, ADVOCATE FOR R2 TO R4)

     THIS RFA FILED UNDER SEC. 96 OF CPC., AGAINST THE
JUDGMENT AND DECREE DATED 18.11.2019 PASSED IN
OS.NO. 25677/2008 ON THE FILE OF THE IV ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE MAYOHALL UNIT, BENGALURU,
DISMISSING THE SUIT FOR INJUNCTION.

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

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

                      ORAL JUDGMENT

This appeal by the appellant - plaintiff in O.S.No.25677/2008

is directed against the impugned judgment and decree dated

18.11.2019 passed by the IV Additional City Civil and Sessions

Judge, Mayohall Unit, Bangalore (CCH-21), whereby the said suit

filed by the plaintiff against the respondents - defendants for

permanent injunction and other reliefs in relation to the suit

schedule immovable property was dismissed by the Trial Court.

2. Along with the present appeal, the appellant - plaintiff has

filed two applications - I.A.No.3/2025 for permission to produce

additional documents under Order XLI Rule 27 CPC., and an

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application - I.A.No.4/2025 under Order VI Rule 17 CPC., for

permission to amend the plaint. Both the applications are

vehemently opposed by the learned counsel for the respondents.

3. After arguing the matter for sometime, learned counsel for

the appellant - plaintiff, on instructions, submits that the appeal may

be disposed of as withdrawn by reserving liberty in favour of the

appellant - plaintiff to institute a fresh suit seeking comprehensive

relief, which may be directed to be disposed off by the Trial Court in

accordance with law by leaving open all contentions and without

being influenced by the findings and observations recorded in the

impugned judgment and decree. It is also submitted that the

Registry may be directed to return the documents produced along

with I.A. No.3/2025 back to the appellant - plaintiff forthwith so as to

enable the appellant - plaintiff to file such a fresh/new suit against

the defendants.

4. Per-contra, learned counsel for the respondents would

oppose the said submission and submit that in the event the

appellant - plaintiff files such a suit, the respondents - defendants

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would defend the said suit and the respondents - defendants

contests the said suit in accordance with law.

5. In view of the aforesaid facts and circumstances and the

submissions made by both sides, I deem it just and appropriate to

dispose of this appeal as withdrawn by issuing certain directions.

Accordingly, I pass the following;

ORDER

(i) The appeal is hereby disposed of as

withdrawn without interfering with the impugned

judgment and decree passed by the trial Court.

(ii) Liberty is granted in favour of the appellant -

plaintiff to file a fresh/new suit along with interlocutory

applications, if any, which shall be considered by the

Trial Court in accordance with law.

(iii) It is however made clear that in the event the

appellant - plaintiff files a fresh/new suit along with

interlocutory applications, if any, the Trial Court shall

consider and dispose of the said suit and interlocutory

applications filed therein without being influenced by

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the findings and observations recorded in the

impugned judgment and decree.

(iv) In the event the appellant - plaintiff filed such

a fresh/new suit and interlocutory applications, the

respondents - defendants would be entitled to

contest/oppose the said suit and all interlocutory

applications filed in the said suit in accordance with

law.

(v) All rival contentions between the parties on

all aspects of the matter are kept open and no opinion

is expressed on the same.

(vi) Registry of this Court is directed to return

back all the documents (31 Nos.) produced along with

I.A.No.3/2025 back to the appellant - plaintiff forthwith

without any delay.

Sd/-

(S.R.KRISHNA KUMAR) JUDGE NBM List No.: 1 Sl No.: 22