- 1 - NC: 2025:KHC:14277 MFA No. 9855 of 2018 C/W MFA No. 9369 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 9855 OF 2018 (CPC) C/W MISCELLANEOUS FIRST APPEAL NO. 9369 OF 2018 (CPC) IN MFA No. 9855/2018 BETWEEN: SRI. SREENIVASA @ PRAKASH, S/O SRI VENKATARAMAIAH, AGED ABOUT 47 YEARS, R/AT DEVALAPURA VILLAGE, ANUGONDANAHALLI HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT. …APPELLANT (BY SRI. G.B. NANDISH GOWA, ADVOCATE FOR SRI. R.B. SADASIVAPPA, ADVOCATE) AND: 1. SRI. VENKATASUBHAIAH, S/O SRI VENKATARAMAIAH, AGED ABOUT 61 YEARS, R/AT BODANAHOSAHALLI VILLAGE, ANUGONDANHALLI HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT. Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14277 MFA No. 9855 of 2018 C/W MFA No. 9369 of 2018 2. SRI. VIJAYA KUMAR, S/O SRI VENKATARAMAIAH, AGED ABOUT 55 YEARS, R/AT DEVALAPURA VILLAGE, ANUGONDANAHALLI HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT. …RESPONDENTS (BY SRI. P.M. SIDDAMALLAPPA, ADVOCATE FOR R1 AND R2) THIS MFA IS FILED U/o 43 RULE 1(r) OF CPC, AGAINST THE ORDER 16.10.2015 PASSED ON I.A.NO.VI IN O.S.NO.1536/2008 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING THE I.A. NO.VI FILED U/O 39 RULE 1 & 2 OF CPC. IN MFA NO. 9369/2018 BETWEEN: SRI. SREENIVASA @ PRAKASH, S/O SRI VENKATARAMAIAH, AGED ABOUT 47 YEARS, R/AT DEVALAPURA VILLAGE, ANUGONDANAHALLI HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT - 562 114. ...APPELLANT (BY SRI. G.B. NANDISH GOWA, ADVOCATE FOR SRI. R.B. SADASIVAPPA, ADVOCATE) - 3 - NC: 2025:KHC:14277 MFA No. 9855 of 2018 C/W MFA No. 9369 of 2018 AND: 1. SRI. VENKATASUBHAIAH, S/O SRI VENKATARAMAIAH, AGED ABOUT 61 YEARS, R/AT BODANAHOSAHALLI VILLAGE, ANUGONDANHALLI HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT - 562 114. 2. SRI. VIJAYA KUMAR, S/O SRI VENKATARAMAIAH, AGED ABOUT 55 YEARS, R/AT DEVALAPURA VILLAGE, ANUGONDANAHALLI HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT - 562 114. ...RESPONDENTS (BY SRI. P.M. SIDDAMALLAPPA, ADVOCATE FOR R1 AND R2) THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 16.10.2015 PASSED ON I.A NO.5 IN OS.NO.1536/2008 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, ALLOWING THE I.A. NO.5 FILED UNDER ORDER 39 RULE 1 & 2 OF CPC. THESE APPEALS, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR - 4 - NC: 2025:KHC:14277 MFA No. 9855 of 2018 C/W MFA No. 9369 of 2018 ORAL JUDGMENT Learned counsel for respondents submitted that now the suit is set down for arguments by both sides after completion of evidence. 2. Therefore, when the suit is set down for arguments, the trial Court is directed to dispose of the suit within three weeks from the date of receipt of certified copy of the order. Accordingly, the appeals are dismissed with a direction to the trial Court to dispose of the suit in accordance with law. SD/- (HANCHATE SANJEEVKUMAR) JUDGE PSJ List No.: 1 Sl No.: 24 CT: BHK