- 1 - HC-KAR NC: 2026:KHC:7895 MFA No. 1938 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M MISCELLANEOUS FIRST APPEAL NO.1938 OF 2023 (CPC) BETWEEN: 1. SRI. M. KARUPPAIAH AGED ABOUT 64 YEARS, S/O LATE SRI. K. MARUTHI PILLAI, 2. SMT. KALAIMANI KARUPPAIAH AGED ABOUT 57 YEARS, W/O SRI. M. KARUPPAIAH, BOTH ARE RESIDING AT: NO.1089/1, GROUND FLOOR, 4TH CROSS, K.N. EXTENSION, TRIVENI ROAD, YESHWANTHAPUR, BENGALURU-560 022. …APPELLANTS (BY SRI. CHANDRASHEKARA REDDY, ADVOCATE FOR SRI. VARUN P., ADVOCATE) AND: 1. MR. AFROZ PASHA N AGED ABOUT 33 YEARS, S/O MR. NAZEER PASHA N. 2. MR. AFZAL PASHA N. AGED ABOUT 30 YEARS, S/O MR. NAZEER PASHA N. 3. MR. ASLAM PASHA N. AGED ABOUT 22 YEARS, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7895 MFA No. 1938 of 2023 S/O MR. NAZEER PASHA N. RESPONDENTS NO.1 TO 3 ARE RESIDING AT NO.1126, 1ST MAIN, 2ND CROSS, L N COLONY, BOMBAY DYEING YESHWANTHAPUR BENGALURU-560 022. 4. SMT. V K RAMA AGED ABOUT 57 YEARS, W/O SRI. V C REDDAPPA CHETTY, 5. SRI. V C REDDAPPA CHETTY AGED ABOUT 73 YEARS, W/O SRI. V VENKATARAMAIAH CHETTY RESPONDENTS NO.4 AND 5 ARE RESIDING AT "RAMYA SADANA" 259/A, 3RD MAIN ROAD, 6TH PHASE, 1ST STAGE, WEST OF CHORD ROAD, BENGALURU-560 044. 6. SRI. SAINAGAR WELFARE ASSOCIATION SAINAGAR PHASE-2, VIDYARANYAPURA POST, BENGALURU-560 097 BY ITS SECRETARY. …RESPONDENTS (BY SRI. PRAKASHA M., ADVOCATE FOR R1 TO R3; R6 SERVED AND UNREPRESENTED; VIDE ORDER DATED 13.10.2023, NOTICE TO R4 AND R5 DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER-XLIII RULE 1(r) OF THE CODE OF CIVIL PROCEDURE. - 3 - HC-KAR NC: 2026:KHC:7895 MFA No. 1938 of 2023 THIS MISCELLANEOUS FIRST APPEAL IS LISTED FOR ADMISSION, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER: ORAL JUDGMENT Sri.Chandrashekara Reddy, counsel on behalf of Sri.Varun P., for the appellants and Sri.Prakasha M., counsel for respondent Nos.1 to 3 appeared in person. 2. The appeal is filed to set aside the order dated 27.02.2023 passed by the Court of LVI Additional City Civil and Sessions Judge, Bengaluru (CCH-57) on I.A.No.1 in O.S.No.5422/2021. 3. Counsel for the respective parties submit that a direction may be issued to the Trial Court to dispose of the suit as expeditiously as possible and with the above observation the appeal may be disposed of. Counsel further submits that the interim order granted by this Court may be continued to operate till the disposal of the suit. 4. Taking note of the said submission, appeal is disposed of and a gentle request is made to the Trial Court to dispose of the suit as expeditiously as possible from the receipt - 4 - HC-KAR NC: 2026:KHC:7895 MFA No. 1938 of 2023 of certified copy of the order and without getting influenced by the observation and the findings recorded in the impugned order. 5. The interim order granted by this court on 11.04.2023 shall continue to operate till the disposal of the suit. 6. With the above observation, the appeal is disposed of. Parties to co-operate for the speedy disposal of the suit. SD/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 54