- 1 - HC-KAR NC: 2025:KHC:23540 MFA No. 3446 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. 3446 OF 2025 (CPC) BETWEEN: SRI. V. SANTHOSH KUMAR S/O VENKATESH AGED ABOUT 32 YEARS R/AT NO.323, NEAR VISHWESHWARAIAH CIRCLE, HORMAVU AGARA KALYAN NAGAR POST BENGALURU-560 043 …APPELLANT (BY SRI. K. MURTHY, ADVOCATE) AND: 1. SMT. A. ANU SUYA W/O A. MUNISWAMY AGED ABOUT 51 YEARS 2. SRI. UMA SHANKAR M. D. S/O A. MUNISWAMY AGED ABOUT 32 YEARS RESPONDENTS NO.1 AND 2 ARE R/AT NO. E-652, EAST SECOND LANE ITI TOWN SHIP, DOORAVANI NAGAR BENGALURU-560 016 3. SMT. M. SAJIDA W/O A.M. MEERAN AGED ABOUT 51 YEARS R/AT NO. 63, 4TH MAIN Digitally signed by SHAKAMBARI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23540 MFA No. 3446 of 2025 HOYSALAA NAGARA RAMAMURTHY NAGAR DURAVANI NAGARA POST BENGALURU-560 016 …RESPONDENTS (BY SRI. RAHUL P, ADVOCATE FOR R1 AND R2) THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 28.03.2025 PASSED ON I.A.NO.1 IN OS.NO.1462/2025 ON THE FILE OF THE XLIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-45), DISMISSING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC. THIS APPEAL, 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. K.Murthy, learned counsel for the appellant and Sri. Rahul P., learned counsel for respondent Nos.1 and 2. 2. On 25.06.2025, the Co-ordinate Bench of this Court had heard the matter. It was submitted before the Court on that day that, the construction is going on in the suit scheduled property. Learned counsel for respondent Nos.1 and 2 submits that, by virtue of interim order granted in his favour, he is entitled to put up construction. It is - 3 - HC-KAR NC: 2025:KHC:23540 MFA No. 3446 of 2025 further submitted that, structure insofar as the ground and first floor have already been constructed. 3. Today, it is submitted that, already respondent Nos.1 and 2 have completed the construction of ground and first floor and he undertakes not to put up any further construction in the suit schedule property. Learned counsel for respondent Nos.1 and 2 further submits that, respondent Nos.1 and 2 may be permitted to complete the interior designs with regard to the ground and first floors. He further submits that, as he wants to make use of the water, he may be permitted to put up the water tank and stair case for the same. 4. In view of the fair submission of the counsel for both the side, as the construction of ground floor and first floor has already been completed, respondent Nos.1 and 2 are permitted to complete the interior designs and they are permitted to put up the water tank as well as stair case to the same. This would be subject to the result of the suit and respondents shall not claim any equity. - 4 - HC-KAR NC: 2025:KHC:23540 MFA No. 3446 of 2025 5. Accordingly, this appeal is disposed off. However, respondent Nos.1 and 2 are permitted to complete the interior works of the ground and first floors, so also are permitted to put up water tank and stair case to the same to make use of the water to the tenements. This would be subject to the result of the suit. In case the plaintiff succeeds in the suit, respondent Nos.1 and 2 shall not claim any equity. 6. Looking to the urgency pleaded by both the parties; the learned Trial Court is requested to dispose off the suit on merits as expeditiously as possible with all its promptitude within nine months from the date of receipt/production of copy of this order. Both the parties shall co-operate with the Trial Court for early disposal of the suit. Costs made easy. Sd/- (RAMACHANDRA D. HUDDAR) JUDGE AM, List No.: 1 Sl No.: 25