- 1 - NC: 2025:KHC:11590 MFA No. 359 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 359 OF 2025 (CPC) BETWEEN: SRI N. A. BIDDAPPA, S/O. APPANNA AGED ABOUT 62 YEARS, R/AT SHREE BHAGAVATHI NILAYA, 4TH CROSS, K.V. MUNIYAPPA LAYOUT, NEW POLICE STATION ROAD, K.R. PURAM, BENGALURU - 560 036. …APPELLANT (BY SRI. S. KALYAN BASAVARAJ, ADVOCATE) AND: 1. SRI. MUNIVENKATAMMA, D/O. CHIKKAYALLAPPA, AGED ABOUT 58 YEARS, RESIDING AT KITHAGANOOR COLONY, K.R. PURAM POST, BIDARAHALLI HOBLI, BENGALURU EAST TALUK - 560036. 2. SMT. SUMA D/O. CHIKKAYALLAPPA, AGED ABOUT 53 YEARS, RESIDING AT KANNAMANGALA, KADUGODI POST, BENGALURU - 560 067. 3. SRI. SRINIVASA S/O. CHIKKAYALLAPPA, AGED ABOUT 58 YEARS, RESIDING AT KITHAGANOOR COLONY, Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11590 MFA No. 359 of 2025 K.R. PURAM POST, BIDARAHALLI HOBLI, BENGALURU EAST TALUK - 560 036. 4. SMT. GIRIJAMMA W/O. MUNIYAPPA, AGED ABOUT 58 YEARS, R/AT VINAYAKA STREET, VENKATESHWARA, POST ARABIC COLLEGE, BENGALURU - 560 045. 5. SMT. MUNIYAMMA D/O. CHIKKAYALLAPPA, AGED ABOUT 66 YEARS, RESIDING AT SINGAIAHNAPALYA, POST MAHADEVANAPURA, BENGALURU. 6. SRI MUNIVENKATAPPA S/O. CHIKKAYALLAPPA, AGED ABOUT 56 YEARS, RESIDING AT NO.206, KITHAGANOOR, K.R. PURAM POST, BENGALURU - 560 036. 7. SRI. VENKATARAJU, S/O. CHIKKAYALLAPPA, AGED ABOUT 58 YEARS RESIDING AT NO.206, KITHAGANOOR, K.R. PURAM POST, BENGALURU - 560 036. …RESPONDENTS (BY SRI. Y. HARIPRASAD, ADVOCATE FOR R1 AND R3) THIS MFA FILED U/O.43 RULE 1(r) OF THE CPC, PRAYING TO SET ASIDE THE ORDER DATED 06.12.2024 PASSED IN O.S.NO.200/2012 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC. - 3 - NC: 2025:KHC:11590 MFA No. 359 of 2025 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Defendant No.1 filed an appeal being aggrieved by the order dated 06.12.2024, thereby the trial Court has granted an interim order that defendant No.1 to maintain status quo of the property as on the date of passing of the order. 2. It is submitted that now the suit is set down for defendants' evidence. The appellant in this appeal is defendant No.1. Therefore, it is directed that appellant/defendant No.1 to lead evidence and shall co-operate with the trial Court for early disposal, then that would suffice in the matter. Therefore, with the direction to the trial Court to make every endeavour to dispose the suit in O.S.No.200/2012 as expeditious as possible within a period of three months from the date of commencement of defendants' evidence. - 4 - NC: 2025:KHC:11590 MFA No. 359 of 2025 3. It is directed the appellant/defendant No.1 to lead evidence on the next date of hearing on 07.04.2025 also directed plaintiffs to co-operate with the trial Court for early disposal without asking unnecessary adjournments. 4. If any party in the suit seeks adjournment unnecessarily without reasons, then the trial Court is at liberty to reject the said prayer for adjournment. The interim order dated 06.12.2024 passed by the trial Court is extended till the disposal of the suit. Accordingly, the appeal is disposed of. Pending IAs, if any, is accordingly disposed of. SD/- (HANCHATE SANJEEVKUMAR) JUDGE ABK List No.: 1 Sl No.: 15