Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:17287 MFA No. 3153 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 3153 OF 2025 (CPC) BETWEEN:
S. RAJAGOPALA REDDY SON OF LATE E SHANKARAPPA REDDY AGED ABOUT 74 YEARS, RESIDING AT NO. 3, TATA SHERWOOD ROAD, E SHANKARAPPA REDDY GARDEN BASAVANAGAR, MARATHAHALLI COLONY, BENGALURU - 560 017 …APPELLANT (BY SRI. SREEVATSA, SENIOR ADVOCATE FOR SRI UDITA RAMESH., ADVOCATE)
AND:
1.
SMT. ASWATHA DAUGHTER OF SHANKARAPPA REDDY AGED ABOUT 64 YEARS RESIDING AT 20, AIYAPPA LAYOUT, OPP ISR SUKRITI APARTMENT, NEAR VARTHUR POLICE STATION, THIPPASANDRA ROAD, VARTHUR, BANGALORE – 560087
2.
SMT CHAMPA DAUGHTER OF SHANKARAPPA REDDY, AGED ABOUT 59 YEARS, RESIDING AT NO. 7, 3RD MAIN, 4TH CROSS, L.M. SHASTRINAGAR, HAL POST, BANGALORE - 560087 …RESPONDENTS (BY SMT. AKSHATHA SHETTY K., ADVOCATE FOR C/R1)
Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:17287 MFA No. 3153 of 2025
THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.02.04.2025 PASSED IN O.S.NO.26018/2022 ON THE FILE OF THE 74TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (CCH-75), ALLOWING IA NO.1 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
ORAL JUDGMENT
1. Defendant No.28 has filed this appeal being aggrieved by
order dated 02.04.2025 in O.S. No.26018/2022 passed by 74th Additional City Civil and Sessions Judge, Mayohall Unit, Bengaluru (CCH-75), Bengaluru, on I.A.1 filed by the plaintiffs under Order XXXIX Rule 1 and 2 of Code of Civil Procedure, 1908, whereby, the application filed by the plaintiffs has been allowed and defendants are restrained from alienating the suit schedule properties till disposal of the suit.
2. Sri Sreevatsa, learned Senior counsel for appellant fairly submitted that a direction may be given for time bound disposal since suit is of the year 2022.
3. Therefore, a direction is issued to the trial Court to dispose of the suit within a period of one and half year from the date of receipt of a copy of this order.
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NC: 2025:KHC:17287 MFA No. 3153 of 2025
4. Both parties shall co-operate with the trial Court for speedy disposal of the suit without seeking any unnecessary adjournment. If any adjournment is sought unnecessarily, then liberty is reserved/given to the trial Court for imposing cost who seeks for adjournment. Accordingly, the present appeal is
disposed of.
5. Since the appeal itself is disposed of, consideration of office objection does not survive for consideration.
SD/- (HANCHATE SANJEEVKUMAR) JUDGE
BS List No.: 1 Sl No.: 11