- 1 - HC-KAR NC: 2026:KHC:8271 MFA No. 1734 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M MISCELLANEOUS FIRST APPEAL NO.1734 OF 2019 (CPC) BETWEEN: 1. SRI. M.R.RAJU @ RAJANNA S/O LATE MUNIGIDDAPPA, AGED ABOUT 75 YEARS, R/AT NO.125, DUBASI PALYA, KENGERI HOBLI, BENGALURU-560059 2. SRI. M.NARAYANAPPA S/O LATE MUNIGIDDAPPA, AGED ABOUT 62 YEARS, R/AT SITE NO.70, BDA NO.205/A VALAGERAHALLI VILLAGE, DUBASIPALYA WARD NO.130, R.V.COLLEGE POST, KENGERI HOBLI, BENGALURU-560059. 3. SRI. NARAYANASWAMY S/O LATE MUNIGIDDAPPA, AGED ABOUT 53 YEARS, R/AT C/O KRISHNAPPA NO.120, K.R.AMOGHA LAYOUT, GUNDURU MAIN ROAD, KAMMASANDRA BIDARAHALLI HOBLI, BENGALURU EAST TALUK BANGALURU. 4. SRI. MUNIYAPPA S/O LATE MUNIGIDDAPPA, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8271 MFA No. 1734 of 2019 AGED ABOUT 58 YEARS, R/AT C/O KULAKARNI, 38/2, BHAIRAVANAGARA, VALAGERAHALLI VILLAGE, R.V.COLLEGE POST, KENGERI HOBLI, BENGALURU-560059. 5. SMT. RADHAMMA W/O M NARAYANAPPA, AGED ABOUT 44 YEARS, R/AT SITE NO.70, BDA NO.205/A, VALAGERAHALLI VILLAGE, DUBASIPALYA, R.V.COLLEGE POST, KENGERI HOBLI, BENGALURU-560059. 6. SMT. SHANTHAMMA W/O SRI. MUNIYAPPA AGED ABOUT 49 YEARS, R/AT C/O KULAKARNI 38/2, BHAIRAVANAGARA VALAGERAHALLI VILLAGE, DUBASIPALYA, R.V.COLLEGE POST, KENGERI HOBLI, BENGALURU-560059. ALL ARE PRESENTLY R/AT SITE NO.70, BDA NO.205/A, VALAGERAHALLI VILLAGE, DUBASIPALYA EXTENSION, WARD NO.130, R.V.COLLEGE POST, KENGERI HOBLI, BENGALURU-560059. …APPELLANTS (BY SRI. H.V.KRISHNAMURTHY, ADVOCATE FOR SRI. LEELADHAR H.P., ADVOCATE) - 3 - HC-KAR NC: 2026:KHC:8271 MFA No. 1734 of 2019 AND: SMT. INDIRAMMA W/O SRI. NAGARAJ AGED ABOUT 43 YEARS R/AT NO.OLD NO.70, BDA NEW NO.205/A, WARD NO.130, DUBASIPALYA, KENGERI UPANAGARA, BENGALURU-560059. …RESPONDENT (BY SRI. M.S.VARADARAJAN, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF THE CODE OF CIVIL PROCEDURE. THIS MISCELLANEOUS FIRST APPEAL IS LISTED FOR ORDERS, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER: ORAL JUDGMENT Sri.H.V.Krishnamurthy, counsel on behalf of Sri.Leeladhar H.P., for the appellants and Sri.M.S.Vardarajan, counsel for the respondent appeared in person. 2. The appeal is filed to set aside the order dated 31.01.2019 passed by the Court of XLII Additional City Civil and Sessions Judge (CCH-43), Bengaluru on I.A.No.1 in O.S.No.8557/2017. - 4 - HC-KAR NC: 2026:KHC:8271 MFA No. 1734 of 2019 3. Counsel for the respective parties submit that the suit is set down for defendant's evidence before Trial Court. Hence, 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. 4. The oral submission is noted. 5. A perusal of the daily order sheet reflects that an interim order was granted by this Court on 06.12.2019 and the impugned order was stayed. The suit is of the year 2017, and the appeal is pending before this Court from nine years. Hence, this Court deems it proper dispose of the appeal making a gentle request to the Trial Court to dispose of the suit within an outer limit of nine months from the receipt of certified copy of the order and without getting influenced by the observation and the findings recorded in the impugned order. 6. As this Court had stayed the impugned order, this Court deems it proper to direct the parties to the lis to maintain status quo, till the disposal of the suit. - 5 - HC-KAR NC: 2026:KHC:8271 MFA No. 1734 of 2019 7. 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.: 25