- 1 - HC-KAR NC: 2025:KHC:20618 MFA No. 1558 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 1558 OF 2025 (CPC) BETWEEN: 1. SRI M MOHAN KUMAR S/O.LATE SRI MUNIKRISHNAPPA, AGED ABOUT 50 YEARS, R/AT NO.35, SRI LAKSHMI NARASIMHA KRUPA, RAMASWAMAIAH BUILDING, 1st FLOOR, 1st MAIN, 1st CROSS, NANJAPPA LAYOUT, ADUGODI, BENGALURU-560 030. 2. SMT JYOTHI W/O.SRI M MOHAN KUMR AGED ABOUT 46 YEARS R/AT NO.35, SRI LAKSHMI NARASIMHA KRUPA, RAMASWAMAIAH BUILDING, 1st FLOOR, 1st MAIN, 1st CROSS, NANJAPPA LAYOUT, ADUGODI, BENGALURU-560 030. …APPELLANTS (BY SRI. PATTABI C, ADVOCATE) AND: 1. SRI G SEKHAR S/O.LATE SRI GOPAL, AGED ABOUT 50 YEARS, R/AT NO.16, OLD NO.47, MUNESHWARA TEMPLE STREET, ADUGODI, BENGALURU-560 027. …RESPONDENT (BY SRI. R.V. NAIK, ADVOCATE) Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20618 MFA No. 1558 of 2025 MFA FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.13.08.2024 PASSED BY THE XXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (CCH-30), ON IA NOs.2 AND 3 IN O.S.NO.3375/2024. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE C.M. POONACHA ORAL JUDGMENT The learned counsel for the appellants submits that the appellants are ready to file an affidavit stating that they would not put up construction in terms of the impugned order dated 13.8.2024. 2. It is noticed that the order impugned in the above appeal is order dated 13.8.2024 passed on I.A.Nos.II and III in OS No.3375/2024, whereunder the Trial Court has allowed I.A.No.II and rejected the I.A.No.III and restrained the defendants by way of temporary injunction from installing doors, windows and stair case abutting to `B' schedule property till disposal of the suit. The `B' schedule property is a common passage measuring east to west 8' and north to south 42'. 3. The learned counsel for the appellants/defendants submits that the appellants are ready to file an affidavit stating that they would abide by the said order dated 13.8.2024 and - 3 - HC-KAR NC: 2025:KHC:20618 MFA No. 1558 of 2025 no doors, windows and stair case abutting to `B' schedule property would be installed. 4. In view of the said submission made on behalf of the appellants, it cannot be held that the appellants are aggrieved by the said order dated 13.8.2024. 5. It is the contention of the appellants that the construction material of the appellants would be wasted. It is clear that no order is required to be passed in the above appeal vis-à-vis the grievance of the appellants, if any. 6. In view of the aforementioned, the above appeal stands disposed of. 7. Needless to state both the parties shall cooperate with the Trial Court to dispose of the suit as expeditiously as possible. 8. In view of the above, I.As. if any, stand disposed of . Sd/- (C.M. POONACHA) JUDGE BKM List No.: 2 Sl No.: 14