- 1 - HC-KAR NC: 2025:KHC:23539 MFA No. 2957 of 2025 C/W MFA No. 2951 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. 2957 OF 2025 (CPC) C/W MISCELLANEOUS FIRST APPEAL NO. 2951 OF 2025 IN MFA No. 2957/2025 BETWEEN: SMT. H.B. KALPANA W/O L. RANGASWAMY AGED ABOUT 58 YEARS RESIDING AT NO.71 1ST CROSS, MUNESHWARA BLOCK PALACE GUTTAHALLI BENGALURU-560 003 …APPELLANT (BY SRI. MOHAN REDDY H. SAWKAR, ADVOCATE) AND: MR. ISHWAR S. KADAKOL S/O S.K. KADAKOL AGED ABOUT 50 YEARS RESIDING AT NO. S-6 2ND FLOOR, BALAJI APARTMENT AMRUTHANAGAR SHANKARANAGAR POST BENGALURU-560 092 …RESPONDENT (BY SRI. CHOKKAREDDY, ADVOCATE) Digitally signed by SHAKAMBARI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23539 MFA No. 2957 of 2025 C/W MFA No. 2951 of 2025 THIS MFA FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.16.11.2024 PASSED ON IA NO.1 IN O.S.NO.6626/2023 ON THE FILE OF THE XLII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (CCH-43), REJECTING IA NO.1 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC. IN MFA NO. 2951/2025 BETWEEN: SMT. H.B. KALPANA W/O L. RANGASWAMY AGED ABOUT 58 YEARS RESIDING AT NO.71 1ST CROSS, MUNESHWARA BLOCK PALACE GUTTAHALLI BENGALURU-560 003 ...APPELLANT (BY SRI. MOHAN REDDY H. SAWKAR, ADVOCATE) AND: MR. ISHWAR S. KADAKOL S/O S.K. KADAKOL AGED ABOUT 50 YEARS RESIDING AT NO. S-6 2ND FLOOR, BALAJI APARTMENT AMRUTHANAGAR SHANKARANAGAR POST BENGALURU-560 092 ...RESPONDENT (BY SRI. CHOKKAREDDY, ADVOCATE) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.16.11.2024 PASSED ON IA NO.5 - 3 - HC-KAR NC: 2025:KHC:23539 MFA No. 2957 of 2025 C/W MFA No. 2951 of 2025 IN O.S.NO.6626/2023 ON THE FILE OF THE XLII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (CCH-43), REJECTING IA NO.5 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL JUDGMENT Heard the arguments of Sri. Mohan Reddy H., learned counsel for the appellant and Sri. Chokkareddy, learned counsel for the respondent. 2. The learned counsel for the appellant submits that, during the subsistence of the interlocutory order, the defendant has completed the construction. He further submits that, already the plaintiff has prayed for grant of mandatory injunction with regard to the so called construction undertaken by the defendant. With regard to the seeking of mandatory injunction, the application to - 4 - HC-KAR NC: 2025:KHC:23539 MFA No. 2957 of 2025 C/W MFA No. 2951 of 2025 amend the prayer is allowed by the Trial Court on 17.06.2025. 3. Further, learned counsel for the appellant submits that, if this appeal is disposed off with liberty to the plaintiff to agitate all his grounds before the Trial Court, it would meet the ends of justice. 4. Learned counsel for the respondent submits that, much prior to the passing of the interlocutory order, the construction is completed and to that effect, documents are produced by the defendant. He further submits that, when the matter is pending before the Civil Court, the question of continuing the interim order doesn't arise at all. 5. In view of the fair submissions of both the counsels, these appeals are to be disposed off, keeping open the all rights of both parties open to agitate their respective rights before the Trial Court. Accordingly, appeal is disposed off. - 5 - HC-KAR NC: 2025:KHC:23539 MFA No. 2957 of 2025 C/W MFA No. 2951 of 2025 6. The suit is of the year 2023. In view of the urgency pleaded by both the parties, the Trial Court is requested to dispose off the suit within an outer limit of six months from the date of receipt/production of certified copy of this order. All the rights of the parties are kept open. Sd/- (RAMACHANDRA D. HUDDAR) JUDGE AM/List No.: 1 Sl No.: 21