- 1 - NC: 2025:KHC:15430 MFA No. 3006 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 3006 OF 2022 (CPC) BETWEEN: 1. SRI. T.B.PRABHAKARA, AGED ABOUT 69 YEARS, S/O T.B.RANGAPPYYA, SHIVASADANA, NEHRU NAGAR, POST: MURA-574 203, KABAKA VILLLAGE, PUTTUR TALUK, DK. …APPELLANT (BY SRI. CHANDRANATH ARIGA K., ADVOCATE) AND: 1. SRI. RAMA PRASAD T.B., AGED ABOUT 34 YEARS, S/O T.B,PRABHAKARA, 2. SRI. YASHAVANTAH T.B., AGED ABOUT 32 YEARS, S/O T.B. PRABHAKARA, BOTH ARE R/AT KUDKOIL, NARIGERI, MUKVE, NARIMOGARU VILLAGE-574 202, PUTTUR TALUK, D.K. 3. SMT. KANAKALAXMI, D/O T.B.PRABHAKARA, W/O VASUDEVA H.M., AGED ABOUT 29 YEARS, R/A GUDDIKOPPA, HORANADU VILLAGE-577 181, Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15430 MFA No. 3006 of 2022 MOODIGERE TALUK, CHIKKAMAGALURU DISTRICT. …RESPONDENTS (BY SRI. RAJARAMA S., ADVOCATE) THIS MFA FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 18.10.2021 PASSED ON I.A.NO.2 IN O.S.NO.49/2020 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, PUTTUR, DAKSHINA KANNADA, ALLOWING I.A. NO.2 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 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 The defendant being aggrieved by the order dated 18.10.2021 passed on I.A.No.2 filed under Order 39 Rule 1 and 2 read with Section 151 of CPC in O.S.No.49/2020 on the file of the Additional Senior Civil Judge & JMFC, Puttur, D.K., (hereinafter referred to as 'the trial Court' for short), thereby, the application seeking for ad-interim prohibitory injunction was granted restraining the defendant from alienating, mortgaging, creating any charge or in any way meddling with 'A' schedule properties. - 3 - NC: 2025:KHC:15430 MFA No. 3006 of 2022 2. This Court on 25.10.2023 has granted an interim order of stay of the order dated 18.10.2021 passed by the trial Court insofar as it relates to restraining the appellant-defendant from mortgaging or creating any charges or in any way meddling with the 'A' Schedule properties. Therefore, the order dated 18.10.2021 passed by the trial Court granting temporary injunction insofar as it relates to restraining the alienation of the properties is continued. 3. In ordering continuation of order of temporary injunction for making alienation and it continued to stay in respect of restraining from mortgaging or creating any charges or in any way meddling with the 'A' Schedule properties, it would suffice if a direction is issued to the trial Court to dispose of the suit as expeditiously as possible and in any event within a period of one year. Therefore, the trial Court is directed to dispose of the suit within a period of one year from the date of receipt of a - 4 - NC: 2025:KHC:15430 MFA No. 3006 of 2022 certified copy of this order. Both the parties shall co- operate with the trial Court for early disposal of the suit. The present appeal stands disposed of accordingly. Pending IAs, if any, is accordingly disposed of. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PGG List No.: 1 Sl No.: 29