- 1 - NC: 2023:KHC:28287 MFA No. 845 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2023 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 845 OF 2023 (CPC) BETWEEN: SMT GEETHA ESWARAN W/O LATE DR AMARNATH D/O M ESWARAN KAMAIAH AGED ABOUT 44 YEARS RESIDING AT NO 279, 1ST FLOOR 67TH CROSS ROAD, 5TH BLOCK RAJAJINAGAR, BANGALORE 560010. …APPELLANT (BY SRI. VINAY BHAT.,ADVOCATE) AND: 1. SMT RATHNAMMA W/O LATE G LINGPPA AGED ABOUT 88 YEARS RESIDING AT NO 279 67TH CROSS ROAD 5TH BLOCK RAJAJINAGAR BANGALORE 560010. 2. DR GURUNATH S/O LATE G LINGPPA AGED ABOUT 49 YEARS RESIDING AT NO 279 67TH CROSS ROAD 5TH BLOCK RAJAJINAGAR,BANGALORE 560010. …RESPONDENTS (BY SRI.VITTAL SHETTY P., ADVOCATE FOR C/R1 & R2) Digitally signed by DHANALAKSHMI MURTHY Location: High Court of Karnataka - 2 - NC: 2023:KHC:28287 MFA No. 845 of 2023 THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED: 24.11.2022 PASSED ON IA NO.9 IN O.S.NO.848/2021 ON THE FILE OF THE 17TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (CCH-16), DISMISSING IA NO.9 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING: JUDGMENT 1. This appeal under Order 43 Rule 1(r) of CPC is filed by the plaintiff in O.S.No.848/2021 before the XVII Addl. City Civil Judge, Bangalore, challenging the order dated 24.11.2022 passed on I.A.No.9 filed under Order 39 Rules 1 and 2 read with Section 151 of CPC, whereby the Trial Court has dismissed I.A.No.9 filed by the plaintiff. 2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. 3. The plaintiff filed the suit before the Trial Court seeking for relief of partition and separate possession. Along with the suit, the plaintiff filed I.A.No.9 under Order 39 Rules 1 and 2 of CPC seeking for an order of temporary injunction restraining the defendants from disconnecting - 3 - NC: 2023:KHC:28287 MFA No. 845 of 2023 the electricity and water connection in respect of the first floor of the suit schedule property. On service of suit summons, defendants appeared through counsel and filed written statement. After hearing the parties, the Trial Court by impugned order dated 24.11.2022 dismissed I.A.No.9 filed by the plaintiff. Being aggrieved by the same, the plaintiff has filed this appeal. 4. Heard the learned counsel appearing for the parties. 5. The impugned order is passed on 24.11.2022. Even during the pendency of the appeal, there is no any interim order granted by this Court. Under the circumstances and in the interest of justice, the only direction that can be issued at this stage is to direct the Trial Court to dispose of the suit as expeditiously as possible. 6. Hence, I pass the following order: a) The appeal is disposed of. - 4 - NC: 2023:KHC:28287 MFA No. 845 of 2023 b) The Trial Court is directed to dispose of the suit in accordance with law, as expeditiously as possible not later than one year from the date of receipt of copy of this order. c) Parties are directed to co-operate for the early disposal of the suit. In view of disposal of the appeal, all pending I.As., if any, do not survive for consideration and hence, they are dismissed accordingly. Sd/- JUDGE DM List No.: 1 Sl No.: 38