- 1 - NC: 2025:KHC:9797 MFA No. 364 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 364 OF 2025 (CPC) BETWEEN: SHRI MUPPALA KUMARASWAMY S/O LATE M.NARAYANA RAJU, AGED ABOUT 70 YEARS, NO.G-704, NAGARAJUNA RESIDENCY, G-BLOCK, NCC URBAN GACHIBOWLI, SERILINGAMPALLY, K.V.RANGAREDDY, HYDERABAD TELANGANA-500032 …APPELLANT (BY SRI L M CHIDANANDAYYA, ADVOCATE) AND: 1. SMT LAXMAMMA W/O LATE VAJRAPPA, NO.14, VAJRANGI NILAYA, MACHOHALLI COLONY, MACHOHALLI, BAPA GRAMA POST, BENGALURU-560 091 2. SARAWATHAMMA MAYANNA, NO.14, VAJRANGI NILAYA, MACHOHALLI COLONY, MACHOHALLI, BAPA GRAMA POST, BENGALURU-560 091 …RESPONDENTS (BY SRI T N VISWANATHA, ADVOCATE FOR C/R1 AND R2) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 02.12.2024 PASSED ON I.A. NO. 1 IN O.S.NO.539/2024 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA, REJECTING I.A. NO.1 FILED UNDER ORDER XXXIX RULE 1 AND 2 OF CPC AND ETC. Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9797 MFA No. 364 of 2025 THIS APPEAL, COMING ON FOR FURTHER ARGUMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT 1. This appeal is filed against the order dated 02.12.2024 passed on I.A.I under Section 39 Rules 1 and 2 r/w Section 151 of Code of Civil Procedure, 19081 in O.S. No.539/2024 by the I Additional Senior Civil Judge and JMFC., Nelamangala. 2. The appellant who is the plaintiff before the Trial Court has filed application under Order 39 Rules 1 and 2 r/w Section 151 of CPC praying direction against the defendants not to alienate or encumber the suit schedule property in favour of any other 3rd party. But the same has been rejected vide order dated 02.12.2024. Being aggrieved by the said order, the present appeal is filed. 3. Today, learned counsel for the defendants has filed a memo of defendant Nos.1 and 2 that the respondents- defendants will not encumber the alleged suit property pending 1 Hereinafter referred to as the ‘CPC’ - 3 - NC: 2025:KHC:9797 MFA No. 364 of 2025 disposal of the suit in O.S. No.539/2024 and also prays to issue direction to trial Court to decide the suit as early as possible. 4. Therefore, in view of the memo filed by respondents – defendants that they undertake not to encumber the suit property, the prayer made by the appellant-plaintiff is met with. 5. It is submitted that the appellant has filed application for impleading other parties who are the purchasers and therefore, the reasons stated in the impugned order shall not influence while considering his application. It is directed to the Trial Court that the said application filed for impleading shall be considered on merits without being influenced by the reasons stated in the impugned order. In view of the memo filed by the respondents-defendants, the appeal is disposed of. 6. The Trial Court is directed to decide the suit within a period of one and half year from the date of receipt of a copy of this order. SD/- (HANCHATE SANJEEVKUMAR) JUDGE BS - List No.: 1 Sl No.: 25