- 1 - HC-KAR NC: 2025:KHC:23648 MFA No. 1923 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 1923 OF 2025 (CPC) BETWEEN: 1. MUNITHIMMAIAH T @ KRISHNAPPA S/O MUNINARASAMMA AGED ABOUT 65 YEARS R/AT NO. 186, THIMMAIAH GARDEN 2ND CROSS, 1ST MAIN, R.T. NAGAR POST BENGALURU-560 032 2. NARAYANASWAMY T S/O MUNINARASAMMA AGED ABOUT 62 YEARS R/AT NO. 186, THIMMAIAH GARDEN 2ND CROSS, 1ST MAIN, R.T. NAGAR POST BENGALURU-560 032 3. SMT. JAYAMMA @ THIPPAKKA D/O LATE THIMMARAYAPPA W/O VENKATARAMANAPPA AGED ABOUT 75 YEARS R/AT NO.1604, 7TH MAIN 6TH CROSS, KENGERI SATELLITE TOWN KENGERI, BENGALURU-560 0 …APPELLANTS (BY SRI. PRADEEP NAIK K, ADVOCATE) Digitally signed by SHAKAMBARI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23648 MFA No. 1923 of 2025 AND: 1. SRI. Y. GANGAPPA S/O YELLAPPA AGED ABOUT 53 YEARS R/AT NO.6, 3RD CROSS 1ST MAIN, THIMMAIAH GARDEN R.T. NAGAR POST BENGALURU-560 032 2. SRI. Y. NAGARAJ S/O YELLAPPA AGED ABOUT 43 YEARS R/AT NO. 6, 3RD CROSS 1ST MAIN, THIMMAIAH GARDEN R.T. NAGAR POST BENGALURU-560 032 …RESPONDENTS (BY SRI. V. NANDA KISHORE, ADVOCATE FOR C/R1 & R2) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 19.02.2025 PASSED ON I.A. NO. 1 IN O.S.NO.5021/2022 ON THE FILE OF THE LXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-67), ALLOWING THE I.A. NO.1 FILED UNDER ORDER XXXIX RULE 1 AND 2 OF CPC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR - 3 - HC-KAR NC: 2025:KHC:23648 MFA No. 1923 of 2025 ORAL JUDGMENT Both the counsel are present. 2. The counsel for the appellants and respondents have filed respective memos as under: Appellants' Memo "The appellants submit that, the above appeal may be disposed off with a direction to the Hon'ble Trial Court to dispose off the suit in OS No.5021/22 within a time frame. The appellants will going to obey the Interim Order of status-quo passed by this Hon'ble Court till the disposal of the suit. The Respondents may be directed not to put up construction or change the nature of the suit schedule property till the disposal of the suit. Hence this memo." Respondents' Memo "The undersigned counsel on behalf of Respondents submit that the Respondents and their entire family are residing in the suit schedule property which consists of 60/40 = 2400 sq.ft. out of which a portion of the schedule property was demolished for the purpose of construction. However, due to interference of the appellant the construction could not take place. The respondents undertake that they are not carrying out any construction activity in the schedule property but however are residing in the suit schedule property and the Appellants after the interim status-quo order has been disturbing the peaceful possession of the Respondents. Hence, this Hon'ble Court may kindly take note - 4 - HC-KAR NC: 2025:KHC:23648 MFA No. 1923 of 2025 of this memo and direct the appellants not to disturb the peaceful possession of the Respondents and pass necessary orders in the interest of justice and equity." 3. Heard the arguments of both the side. 4. In view of facts and circumstances of this case as well as contents of the memo, this appeal deserves to be disposed of. However, the appellants shall not disturb the peaceful possession and enjoyment of the suit property by the respondents. The respondents are directed not to put up any construction or change the nature of property till the disposal of the suit. 5. In view of the urgency pleaded, the learned 66th City Civil and Sessions Judge - CCH-67 is requested to dispose of the suit in OS No.5021/2022 within an outer limit of six months from the date of production of copy of this order, with all its promptitude. 6. The parties to the suit are directed to co-operate with the trial Court for early disposal. - 5 - HC-KAR NC: 2025:KHC:23648 MFA No. 1923 of 2025 7. Accordingly appeal is disposed of with no order as to costs. Sd/- (RAMACHANDRA D. HUDDAR) JUDGE SK List No.: 1 Sl No.: 19