- 1 - HC-KAR NC: 2025:KHC:30492 MFA No. 3649 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 3649 OF 2018 (CPC) BETWEEN: SRI. S.A. PUTTARAJU, S/O SRI. P. ANJINAPPA, AGED ABOUT 52 YEARS, R/AT MAHESHWARAMMA TEMPLE ROAD, MAHADEVAPURA VILLAGE K.R. PURAM HOBLI, BENGALURU - 560 048 …APPELLANT (BY SRI. BABU G.N., ADVOCATE) AND: 1. RAMAKRISHNA, S/O SRI. CHIKKAPPAYYANNA, AGED ABOUT 54 YEARS, SRI CHANDRASHEKHAR S/O LATE VENKATAPPA @ CHIKKABBAIAH SINCE DEAD REP BY HIS LRS 2. SMT. NARASAMMA, W/O LATE CHANDRASHEKAR, AGED ABOUT 52 YEARS, 3. MASTER C. NAGESH, S/O LATE CHANDRASHEKAR, AGED ABOUT 20 YEARS, Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30492 MFA No. 3649 of 2018 4. MASTER C. NANDISH S/O LATE CHANDRASHEKAR AGED ABOUT 18 YEARS SL.NO. 2 TO 4 ARE R/AT. MANCHANAPANAHALLI, BUDIGERE POST, JALAHALLI, BENGALURU NORTH TALUK, BENGALURU - 562 129 5. SRI MUNEGOWDA, S/O LATE VENKATAPPA @ CHIKKABBAIAH AGED ABOUT 58 YEARS, 6. SRI. NAGARAJA, S/O LATE VENKATAPPA @ CHIKKABBAIAH AGED ABOUT 46 YEARS 7. SRI. ANAND, S/O LATE VENKATAPPA @ CHIKKABBAIAH AGED ABOUT 45 YEARS 8. SMT. BHAGYAMMA, W/O MANIRAJU D/O LATE VENKATAPPA @ CHIKKABBAIAH AGED ABOUT 55 YEARS 9. SMT. SUNANDA, W/O SRI MANIRATHNAMMA D/O LATE VENKATAPPA @ CHIKKABBAIAH AGED ABOUT 53 YEARS SL.NO. 5 TO 9 ARE RESIDING AT MAHADEVAPURA VILLAGE, K.R. PURAM HOBLI, BENGALURU - 560048 - 3 - HC-KAR NC: 2025:KHC:30492 MFA No. 3649 of 2018 10. MR. S.R. DEVARAJ, S/O LATE RAMAPPA, AGED ABOUT 56 YEARS, R/AT 1ST MAIN ROAD, SINGIAHANAPALYA, MAHADEVAPURA POST BENGALURU - 560048 11. MR. MALKAPPA SHIVAPPA HALLI, S/O LATE SHIVAPPA, AGED ABOUT 53 YEARS, R/AT NO 67/3, 2ND CROSS, N.M.R LAYOUT, UDAY NAGAR, BENGALURU - 550 016 12. SMT. M. GOWRAMMA, AGED ABOUT 35 YEARS, W/O SRI. NAGARAJA, 13. MASTER. YATISH GOWDA, S/O SRI. NAGARAJA, AGED ABOUT 17 YEARS, BEING MINOR REPRESENTED BY HIS MOTHER, NEXT FRIEND AND NATURAL GUARDIAN NAMELY SMT. M. GOWRAMMA, RESPONDENT NO. 12 AND 13 ARE RESIDING AT NO.49, 1ST FLOOR, PATEL HOUSE, MAHADEVAPURA BENGALURU - 560 048 …RESPONDENTS (BY SRI. H.S. CHANDRAIAH, ADVOCATE FOR C/R8) THIS MFA IS FILED U/O.43 RULE 1(R) OF CPC, AGAINST THE ORDER DT.03/02/2018 PASSED ON IA.NO.VII, PASSED IN - 4 - HC-KAR NC: 2025:KHC:30492 MFA No. 3649 of 2018 O.S.NO.25042/2014 ON THE FILE OF THE XXVIII ADDL. CITY CIVIL JUDGE, MAYOHALL UNIT, (CCH-29), BENGALURU, DISPOSING THE IA.NO.VII U/O.39 RULE 1 AND 2 OF CPC. THIS MFA, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The IA No.VII filed by defendant No.5 is disposed of with certain directions as under the order: The I.A. No.VII filed by the Defendant No.5 under Order XXXIX Rule 1 and 2 CPC is disposed of as follows: The parties to the suit are restrained by way of temporary injunction from putting up any construction in the written statement schedule 'A' property. The Defendant No.7 is permitted to put up the enclosure to the portion of the written statement schedule 'A' property measuring 1 acre 25 guntas out of 2 acres 34 guntas which was purchased by him under the registered Sale Deed dtd:17.6.2013. The Defendant No.7 shall not use this order as the evidence during trial to prove his possession over the property and he has to prove to his - 5 - HC-KAR NC: 2025:KHC:30492 MFA No. 3649 of 2018 possession over the property purchased by him, if he is required to do so, by independent evidence without relying on this order and the observations made herein. The original suit was filed in the year 2014. The impugned order is passed on 03.02.2018. The appeal was pending till 2018. It is submitted that now the matter is set down for recording evidence. When this being so, the suit will be disposed of within reasonable period. Therefore, a direction is given to the Trial Court to dispose of the suit as early as possible in accordance with law would meet ends of justice. Therefore, with a direction to the Trial Court to dispose of the suit within six months from the date of receipt of copy of this order, the appeal is disposed of. SD/- (HANCHATE SANJEEVKUMAR) JUDGE BH CT:VS List No.: 1 Sl No.: 25