- 1 - NC: 2025:KHC:13724 MFA No. 579 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 579 OF 2021 (CPC) BETWEEN: 1. SRI. PRATHAP KUMAR S/O. RAMAMOHAN RAO, AGED ABOUT 53 YEARS, 2. SMT. NIRUPA RANI D/O. RAMAMOHAN RAO, AGED ABOUT 56 YEARS, BOTH ARE R/AT NO. 34, OLD BANK COLONY, KONANAKUNTE, BENGALURU-560 078. …APPELLANTS (BY SRI. E R GAJENDRA NAIDU, ADVOCATE) AND: 1. SMT. L. BHAGYA W/O. LATE M. MURTHY, AGED ABOUT 44 YEARS, 2. SRI. GOUTHAM S/O. LATE M. MURTHY, AGED ABOUT 20 YEARS, BOTH ARE R/AT NO. 49,3RD CROSS, YELACHANEHALLI, BENGALURU - 560 078. …RESPONDENTS (BY SRI. VIJAYA KUMAR K, ADVOCATE FOR R1 AND R2) Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13724 MFA No. 579 of 2021 THIS MFA HAS FILED UNDER ORDER 43 RULE 1(r) OF CPC AGAINST THE ORDER DATED 22.10.2020 PASSED ON I.A.NO.1 IN OS.NO.6001/2017 ON THE FILE OF THE XLIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU SCCH-44, ALLOWING THE I.A.NO.1 FILED UNDER ORDER 39 RULES 1 AND 2 OF CPC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the respondents submitted that in the suit in O.S.No.6001/2017, both the plaintiff and defendants have completed their evidence and thereafter, upon the application filed under Order XXVI Rule 9 of CPC, Court Commissioner was appointed and the receipt of depositing the commissioner’s fees is awaited. Therefore, when the plaintiff and defendants have completed their evidence and now the stage is set for the receipt of Court Commissioner’s report and thereafter, if there is any evidence of examination of the Court Commissioner that would be the only remaining thing required in the suit apart from addressing the arguments. Hence, at this - 3 - NC: 2025:KHC:13724 MFA No. 579 of 2021 stage, there is no need to make any order of stay. Therefore, the appeal is disposed of with a direction to the Trial Court to dispose of the suit as expeditiously as possible. Accordingly, the appeal is disposed of. SD/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 45