- 1 - NC: 2025:KHC:11989 MFA No. 6109 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 6109 OF 2016 (CPC) BETWEEN: GURU MURTHY K N S/O. LATE NANJAPPA, AGED ABOUT 37 YEARS, R/AT NO. 141, 2ND MAIN ROAD, SUNCITY LAYOUT, J.P. NAGAR, 7TH PHASE, BENGALURU-560 078. …APPELLANT (BY SRI. SHEKARAPPA, ADVOCATE) AND: 1. NANJAMMA W/O. LATE PUTTASWAMY GOWDA, AGED ABOUT 70 YEARS, 2. KAMASHI W/O. NANJEGOWDA, AGED ABOUT 50 YEARS, 3. MEENAKSHI D/O. NAGARAJU, AGED ABOUT 46 YEARS, 4. MAHESH S/O. LATE PUTTASWAMY GOWDA, AGED ABOUT 45 YEARS, 5. KRISHNE GOWDA S/O. LATE PUTTASWAMY GOWDA, AGED ABOUT 42 YEARS, 6. RANGASWAMY S/O. LATE PUTTASWAMY GOWDA, AGED ABOUT 40 YEARS, Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11989 MFA No. 6109 of 2016 RESPONDENT NO. 1 TO 6 ARE R/AT HEGGADIHALLI VILLAGE, HIRISAVE HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT- 571 501. 7. KRISHNE GOWDA S/O. NINGEGOWDA, AGED ABOUT 60 YEARS, 8. SAROJAMMA W/O. KRISHNE GOWDA, AGED ABOUT 56 YEARS, 9. C. K. YOGESH S/O. KRISHNE GOWDA, AGED ABOUT 35 YEARS, 10. RAJAMMA W/O. C.K. YOGESH, AGED ABOUT 30 YEARS, RESPONDENTS NO.7 TO 10 ARE R/AT. HEGGADIHALLI VILLAGE, HIRISAVE HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT- 571 501. 11. T.M. GOVINDA BINNANI S/O. MAHABALA BINNANI, AGED ABOUT 56 YEARS, SHANUBHAGARABETTA, TEKKETTE GRAMA, KUNDAPURA HOBLI, KUNDAPURA (T), UDUPI DISTRICT- 576 201. 12. MUKUND L. BHAT S/O. LAKSHMINARAYAN BHAT, AGED ABOUT 44 YEARS, R/AT NO.20, VISHNAVI NILAYA, AKASH NAGARA MAIN ROAD, BENGALURU-560 016. - 3 - NC: 2025:KHC:11989 MFA No. 6109 of 2016 13. MANJUNATH BHAT S/O. SEETHARAM BHAT, AGED ABOUT 45 YEARS, AREBAILE YEKKATTE GRAMA, KUNDAPURA HOBLIE, KUNDAPURA TALUK, UDUPI DISTRICT- 576 201. …RESPONDENTS (BY SRI.C N KESHAVA MURTHY, ADVOCATE FOR R1 TO R6, R7, R8, R9, R10, R11 AND R13 ARE SERVED AND UNREPRESENTED, VIDE ORDER DATED 11/03/2025, NOTICE TO R12 IS DISPENSED WITH) THIS MFA IS FILED U/O 43, RULE 1(r) OF ACT AGAINST THE ORDER DATED:22.7.2016 PASSED ON IA NO.8 IN O.S.NO.20/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, CHANNARAYAPATNA, ALLOWING IA NO.8 FILED U/O 39, RULES 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 The defendant No.8 has filed this appeal questioning the order dated 22.07.2016, passed on IA.No.8 filed under Order XXXIX Rule 1 and 2 of CPC, in O.S.No.20/2016, by the Court of Senior Civil Judge & J.M.F.C., Channarayapatna. The trial Court has granted temporary injunction restraining the defendant No.8 from undertaking any construction in the suit schedule property by making encroachment till the disposal of the suit. - 4 - NC: 2025:KHC:11989 MFA No. 6109 of 2016 2. The trial Court after considering the prima facie case has granted an interim order assigning its own reasons. The suit is of the year 2016. Now the suit is at the stage of receiving the evidence and it is submitted that the evidence is almost about to be completed within a period of three weeks. 3. Therefore, the Appeal is disposed of, with a direction to the trial Court to dispose of the suit as expeditiously as possible within a period of six months from the date of receipt of copy of this order. The undertaking given by the appellant not to claim equity is continued till disposal of the suit. SD/- (HANCHATE SANJEEVKUMAR) JUDGE BK List No.: 1 Sl No.: 27