- 1 - NC: 2025:KHC:11722 MFA No. 9323 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 9323 OF 2017 (CPC) BETWEEN: DR. JOSEPH V. G. S/O. LATE MR. GEORGE VAYALIL, AGED ABOUT 58 YEARS, RESIDING AT NO.508, 16TH CROSS, VII MAIN, INDIRANAGAR 2ND STAGE, BANGALORE - 560 038. …APPELLANT (BY SRI. SADASHIV REDDY, SR. COUNSEL FOR SRI. RAHUL S. REDDY, ADV) AND: 1. NIDA SAHAR RAFEE D/O. LATE SHAKEELA PARVEEN, AGED ABOUT 31 YEARS, 2. IFRA NIHAD D/O. LATE SHAKEELA PARVEEN, AGED ABOUT 26 YEARS, 3. FARDEEN AHMED S/O. LATE SHAKEELA PARVEEN, AGED ABOUT 20 YEARS, 4. MR. RAFEE AHMED, S/O. R.A. SHARIF, AGED ABOUT 63 YEARS, RESP. NO.1 TO 4 R/A. #9A, 2ND STREET, Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11722 MFA No. 9323 of 2017 1ST FLOOR, CHIKBAZAR ROAD CROSS, TUSCKER TOWN, BANGALORE - 560 051. LATE. JAMEELA PARVEEN SINCE DEAD BY LRS 5(a) AMANULIA BAIG, H/O LATE. JAMEELA PARVEEN, AGED ABOUT MAJOR 5(b) JAVERIA AMAN, D/O LATE. JAMEELA PARVEEN, AGED ABOUT MAJOR 5(c) HIFSA AMAN D/O LATE. JAMEELA PARVEEN, AGED ABOUT MAJOR ALL ARE R/A NO.13, 2ND CROSS, 22ND MAIN, VINAYAK NAGAR, 5TH PHASE, J. P. NAGAR, BANGALORE. 6. JAVEED HUSSAIN S/O. LATE MUMTAZ BEGUM, AGED ABOUT 52 YEARS, 7. KHALD HUSSAIN S/O. LATE MUMTAZ BEGUM, AGED ABOUT 50 YEARS, RESPONDENT NO.6 AND 7 R/AT NO.62, 17TH CROSS, 9TH MAIN ROAD, JAYANAGAR, 3RD BLOCK, BANGALORE. …RESPONDENTS (BY SRI. SHAHNAWAZ M MAMADAPUR, ADV. FOR C/R1 TO R4, SRI. S.A. SAMI, ADV. FOR R5(a to c), R6 AND R7.) - 3 - NC: 2025:KHC:11722 MFA No. 9323 of 2017 THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 04.11.2017 PASSED ON I.A. NO.2 IN O.S.NO. 3280/2017 ON THE FILE OF THE XXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH- 30), ALLOWING I.A. NO.2 FILED UNDER ORDER 39 RULE 1 & 2 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 Learned counsel for the respondent submitted after completion of evidence of both the parties before the Trial Court, now the suit is adjourned for arguments and that would be disposed of within one or two months. 2. The appeal is filed in the year 2017. 3. In view of the fact that as per the submission, now the suit is set down for final arguments and that would be disposed of within one or two months. Therefore, with direction to the Trial Court, to decide the suit as expeditiously as possible, is suffice to pass the order in this appeal. Accordingly, the appeal is disposed of. SD/- (HANCHATE SANJEEVKUMAR) JUDGE BH/List No.: 1 Sl No.: 27