- 1 - NC: 2025:KHC:17500 MFA No. 432 of 2025 C/W MFA No. 433 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.432 OF 2025 (CPC) C/W MISCELLANEOUS FIRST APPEAL NO.433 OF 2025(CPC) IN MFA No.432/2025: BETWEEN: 1. MR. MUNIRAJ. M S/O MR. K. MUNIYAPPA, AGED ABOUT 33 YEARS, R/AT SEEGEHALLI VILLAGE, K.R PURAM, VIRGONAGAR POST, BANGALORE - 560 049. 2. MR. ALPHONSA. L.A, S/O LATE LAKSHMANA, AGED ABOUT 53 YEARS, R/AT #7, SHASTRY MEMORIAL SCHOOL, DODDABASAVANAPURA, VIRGONAGAR, BANGALORE - 560 049. …APPELLANTS (BY SRI. RAJESH GOWDA, ADVOCATE) AND: MR. T. V. JAYAPALA REDDY S/O SRI. T.M. VENKATASWAMY REDDY, AGED ABOUT 64 YEARS, R/AT # 51, FERNS CITY, OUTER RING ROAD, DODDANEKUNDI, MARATHAHALLI, BANGALORE - 560 030. …RESPONDENT (BY SRI. SHREEDHARA B.E, ADVOCATE) Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17500 MFA No. 432 of 2025 C/W MFA No. 433 of 2025 THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED 30.10.2024 PASSED ON IA NO.1 IN O.S.NO.196/2023 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING IA NO.1 FILED U/O.39 RULES 1 AND 2 R/W SEC.151 OF CPC. IN MFA NO.433/2025: BETWEEN: 1. MR. MUNIRAJ.M, S/O MR. K. MUNIYAPPA, AGED ABOUT 33 YEARS, (33) R/AT SEEGEHALLI VILLAGE, K.R PURAM, VIRGONAGAR POST, BANGALORE - 560 049. 2. MR. ALPHONSA.L.A, S/O LATE LAKSHMANA, AGED ABOUT 53 YEARS, R/AT #7, SHASTRY MEMORIAL SCHOOL, DODDABASAVANAPURA, VIRGONAGAR, BANGALORE - 560 049. ...APPELLANTS (BY SRI. RAJESH GOWDA, ADVOCATE) AND: MR. T.V. JAYAPALA REDDY S/O SRI. T.M VENKATASWAMY REDDY, AGED ABOUT 64 YEARS, R/AT 51, FERNS CITY, OUTER RING ROAD, DODDANEKUNDI, MARATHAHALLI, BANGALORE - 560 037. ...RESPONDENT (BY SRI. SHREEDHARA B.E, ADVOCATE) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED 30.10.2024 PASSED ON IA NO.2 IN O.S.NO.196/20023 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL - 3 - NC: 2025:KHC:17500 MFA No. 432 of 2025 C/W MFA No. 433 of 2025 DISTRICT, BENGALURU, ALLOWING I.ANO.2 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Defendant Nos.3 and 4 in O.S.No.196/2023 have filed these two appeals challenging the order dated 30.10.2024 passed on I.A.Nos.1 and 2 filed under Order XXXIX Rules 1 and 2 read with Section 151 of CPC passed in O.S.No.196/2023 on the file of III Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru (hereinafter referred to as ‘the Trial Court’ for short) thereby, the Trial Court has granted an order of temporary injunction restraining defendant Nos.3 and 4 from alienating the suit schedule property to third parties in any manner and also restraining them from putting up any sort of construction over the suit schedule property till disposal of the suit. 2. Heard arguments from both sides. - 4 - NC: 2025:KHC:17500 MFA No. 432 of 2025 C/W MFA No. 433 of 2025 3. Now, the counsel appearing for both the parties submitted that if a time bound direction is given to dispose of the matter, then that would be sufficient in this appeal. Therefore, the Trial Court is directed to expedite the trial and dispose of the suit within a period of 9 months from the date of receipt of copy of this order. For this, both the parties shall cooperate with the Trial Court for early disposal. 4. If any party seeks unnecessary adjournment, then the Trial Court is given liberty to impose cost on the party, who seeks unnecessary adjournment. 5. The parties are given liberty to file applications if found necessary and the same shall be considered in accordance with law. 6. It is submitted by the counsel for the appellant that during the course of digging the foundation, the foundation was laid down abutting the compound wall of abutted property and by virtue of this interim order of - 5 - NC: 2025:KHC:17500 MFA No. 432 of 2025 C/W MFA No. 433 of 2025 status quo, during coming rainy season there would be chances of causing damage to the compound walls of the neighbourers. Therefore, permission may be afforded to fill up the foundation dug out abutting to the compound wall. Hence, it is ordered if the foundation is touching the compound walls of the neighbouring property, the same shall be filled with concrete so as to preserve the compound walls of the neighbouring properties. 7. With the above said observations, the appeals are disposed of. SD/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 38