- 1 - HC-KAR NC: 2025:KHC:39158 M.F.A. No.5903/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.5903/2025 (CPC) BETWEEN: SRI. K.V. RAGHU S/O R. VENKATARAMU AGED ABOUT 36 YEARS R/A NO.16/1, C/O A.KUMARSWAMY GUBBALALA VILLAGE SUBRAMNAYAPURA POST UTTARAHALLI HOBLI, BANGALORE-560061. …APPELLANT (BY SMT. RAKSHITHA D.J. ADV.,) AND: 1. SMT. ASHA D/O VENKATARAMU W/O RAVICHANDRA AGED ABOUT 41 YEARS R/AT NO.310, 1ST MAIN 1ST BLOCK, 10TH CROSS VISHWAPRIYANAGARA BANGALORE-560068. 2. R. VENKATARAMU S/O LATE RAMAIAH Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka - 2 - HC-KAR NC: 2025:KHC:39158 M.F.A. No.5903/2025 AGED ABOUT 69 YEARS R/AT DODDAKALLASANDRA VILLAGE KANAKAPURA MAIN ROAD BANGALORE-560062. 3. SMT. UMA W/O R. VENKATARAMU AGED ABOUT 61 YEARS R/AT DODDAKALLASANDERA VILLAGE KANAKAPURA MAIN ROAD BANGALORE-560062. 4. K.V. NARAYANA S/O R. VENKATARAMU AGED ABOUT 43 YEARS R/AT DODDAKALLASANDRA VILLAGE KANAKPURA MAIN ROAD BANGALORE-560062. 5. K.N. PURUSHOTHAM RAJU S/O LATE K. NARASARAJU AGED ABOUT 62 YEARS R/AT, NO. 27, NARASARAJU GARDEN PUTTENAHALLI VILLAGE, J.P. NAGAR 7TH PHASE, BANGALORE-560078. 6. THE COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE BANGALORE, N.R. SQUARE BANGALORE-560002. 7. SMT. RATHNAMMA W/O SIDDAPPA AGED ABOUT 58 YEARS R/AT JARAGANAHALLI, G.K.M. COLLAGE ROAD, BANGALORE-560078. 8. SMT. N. SAROJA W/O G. NARASHIMHAPOOJARI - 3 - HC-KAR NC: 2025:KHC:39158 M.F.A. No.5903/2025 AGED ABOUT 62 YEARS R/AT. CHIKKAASHWATH BUILDING DODDAKALLASANDRA VILLAGE DODDAKALLASANDRA POST KANAKAPURA ROAD BANGALORE-560062. …RESPONDENTS (BY SRI. N.R. NAIK, & SRI. M. PRAKASHA, ADVS., FOR C/R7 IN CP 12980/2025 ON I.A. 18) THIS MFA IS FILED U/O.43 RULE 1 OF CPC, PRAYING TO CALL FOR THE RECORDS IN O.S.NO.7512/2012 ON THE FILE OF XXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-30). SET ASIDE THE ORDER DATED 17.06.2025 IN O.S.NO.7512/2012 ON I.A.NO.18 FILED BY APPELLANT/DEFENDANT NO.4 UNDER ORDER XXXIX RULE 1 & 2 READ WITH SECTION 151 OF CODE OF CIVIL PROCEDURE IN DISMISSING THE APPLICATION FILED BY THE APPELLANT/DEFENDANT NO.4 AND TO CONSEQUENTLY ALLOW THE SAME & ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:39158 M.F.A. No.5903/2025 CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The defendant No.4 has preferred the present appeal against the order dated 17.06.2025 passed on I.A.No.18 in O.S.No.7512/2012 by the XXIX Additional City Civil and Sessions Judge, Bengaluru (for short, 'the trial Court'). 2. Heard the learned counsel for the appellant and the learned counsel for the caveator/respondent No.7. 3. The suit in O.S.No.7512/2012 is filed for partition and separate possession. The defendant No.4 is the son of defendant Nos.1 & 2. Defendant No.8 is the purchaser of the property from defendant No.1. The suit is filed in the year 2012 and now the matter is set down for evidence. Therefore, if a direction is issued to the trial Court to expedite the trial and dispose of the suit as expeditiously as possible that would suffice in the interest of the matter. - 5 - HC-KAR NC: 2025:KHC:39158 M.F.A. No.5903/2025 4. Accordingly, the appeal is disposed of with a direction to the trial Court to expedite the trial and dispose of the suit as expeditiously as possible without granting any unnecessary adjournments. Both the parties shall cooperate with the trial Court for early disposal of the matter without taking unnecessary adjournments. In view of disposal of the main appeal, pending applications, if any, does not survive for consideration. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE BSR List No.: 1 Sl No.: 36