- 1 - HC-KAR NC: 2025:KHC:30328 MFA No. 3563 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.3563 OF 2019 (CPC) BETWEEN: 1. THIMMAIAH S/O LATE MUNIYAPPA SINCE DEAD BY LRS SMT. PAPAMMA W/O KRISHNAPPA AGED ABOUT 60 YEARS, R/AT KUTHAGANAHALLI VILLAGE, SARJAPURA HOBLI, BANGALORE DISTRICT. 2. THIMMARAYAPPA SINCE DEAD BY LRS SMT. NARAYANAMMA S/O THIMMARAYAPPA AGED ABOUT 48 YEARS, 3. SAMPATHKUMAR S/O THIMMARAYAPPA AGED ABOUT 28 YEARS, 4. SATHISHKUMAR S/O THIMMARAYAPPA AGED ABOUT 25 YEARS, 5. SHASHIKALA D/O THIMMARAYAPPA AGED ABOUT 22 YEARS, 6. RAJESH KUMAR Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30328 MFA No. 3563 of 2019 S/O THIMMARAYAPPA AGED ABOUT 20 YEARS, APPELLANT 1 TO 6 RESIDING AT, KEMBATHAPALLI, BALETHOTANAPALLI POST, DHARAMAPURI DISTRICT, TAMIL NADU – 636 701. 7. SMT. THIMMAKKA W/O MUNITHAYAPPA AGED ABOUT 55 YEARS, R/AT HULIMANGALA VILLAGE, LAKKUR HOBLI MALUR TALUK – 563 160 8. SMT. SHANTHAMMA D/O THIMMAIAH SINCE DEAD BY LRS MANJUNATH S/O LATE MUNITHAYAPPA AGED ABOUT 21 YEARS, R/AT DODDAKASATHUR (V), KASABA(H), MALUR TALUK, KOLAR DISTRICT – 563 130. 9. RADHAMMA W/O NAGARAJ AGED ABOUT 41 YEARS, HALEHALLI VILLAGE MASTHI HOBLI MALUR TALUK KOLAR DISTRICT – 563 139 10. SMT. SAKAMMA D/O THIMMAIAH, W/O MUNIYAPPA, AGED ABOUT 47 YEARS, R/AT BALLUR VILLAGE, ATTIBELE HOBLI, MALUR TALUK – 563 160 SMT. MUNIYAMMA - 3 - HC-KAR NC: 2025:KHC:30328 MFA No. 3563 of 2019 11. W/O LATE THIMMAIAH SINCE DEAD BY LRS H T DEVARAJ S/O LATE THIMMAIAH AGED ABOUT 46 YEARS, R/AT HULIMANGALA VILLAGE, LAKKRU HOBLI, MALUR TALUK, KOLAR DISTRICT – 563 160. 12. SMT. SUNANDAMMA W/O H.T. DEVARAJ AGED ABOUT 48 YEARS R/AT HULIMANGALA VILLAGE, LAKKUR HOBLI, MALUR TALUK KOLAR DISTRICT – 563 160. …APPELLANTS (BY SRI. VARADARAJAN M.S, ADVOCATE) AND: T. MUNIYAPPA S/O THIMMARAYAPPA MAJOR IN AGE, R/AT HULIMANGALA VILLAGE, LAKKUR HOBLI, MALUR TALUK – 563 160 …RESPONDENT (BY SRI. S VISWESWARAIAH, ADVOCATE) THIS MFA IS FILED U/O. 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 27.11.2018 PASSED ON I.A. IN R.A.NO. 11/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MALUR, DISMISSING THE I.A. FILED UNDER ORDER 39, RULE 1 AND 2 OF CPC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:30328 MFA No. 3563 of 2019 CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The appeal is filed by the appellants/plaintiffs challenging the order dated 27.11.2018 passed by the Senior Civil Judge & JMFC, Malur, in R.A.No.11/2018 on IA filed under Order 39 Rule 1 and 2 r/w Section 151 CPC thereby, the application filed by the plaintiffs is dismissed. 2. The suit filed by the plaintiffs for declaration is dismissed by the trial court on 24.02.2018, against which the plaintiffs have preferred the first appeal in R.A.No.11/2018 before the Senior Civil Judge & JMFC, Malur and same is pending for consideration. In the said appeal, the application filed by the plaintiffs under Order 39 Rule 1 and 2 of CPC seeking for temporary injunction is dismissed, against which the present appeal is filed. 3. Since the appeal is pending before the first appellate court and if an order of status quo is granted directing both the parties to maintain status quo so far as - 5 - HC-KAR NC: 2025:KHC:30328 MFA No. 3563 of 2019 possession as on today and simultaneously directing the first appellate court to dispose of the appeal within 6 months from today, that would suffice for the purpose of appeal is concerned. 4. Hence, the appeal is disposed of with a direction to both parties to maintain status quo so far as possession as on today is concerned and the first appellate court is directed to dispose of the appeal within 6 months from today. SD/- (HANCHATE SANJEEVKUMAR) JUDGE DR List No.: 1 Sl No.: 32