- 1 - HC-KAR NC: 2026:KHC:8276 MFA No. 3467 of 2020 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.3467 OF 2020 (CPC) BETWEEN: SHRI MANJUNATHA SWAMI DEVELOPERS AND INFRASTRUCTURES PVT. LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT HAVING ITS OFFICE AT NO.97, 4TH B CROSS, GROUND FLOOR, PATTON HOUSE II, KORAMANGALA, 5TH BLOCK, BENGALURU-560095 REPRESENTED BY ITS AUTHORIZED SIGNATORIES SRI. S.MANJUNATHA AND SRI. MRUDUL MUDOTHOLY …APPELLANT (BY SRI. VIVEK, ADVOCATE FOR SRI. ABHINAV RAMANAND A.,ADVOCATE) AND: CHANDAN R GUNAGI S/O RAGHURAM AGED ABOUT 32 YEARS, R/AT NO.192, 2ND FLOOR, 6TH CROSS, 5TH A MAIN, HAMPI NAGAR, RPC LAYOUT, VIJAYANAGAR, 2ND STAGE, BANGALORE-560 010. …RESPONDENT (BY SRI. MANGAL CHARAN S INNA, ADVOCATE - ABSENT) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8276 MFA No. 3467 of 2020 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF THE CODE OF CIVIL PROCEDURE, 1908. THIS MISCELLANEOUS FIRST APPEAL IS LISTED FOR ADMISSION, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER: ORAL JUDGMENT Sri.Vivek, counsel on behalf of Sri.Abhinav Ramanand A., for the appellant appeared in person. 2 There is no representation on behalf of respondent. When the matter was listed on 09.02.2026, none appeared on behalf of the respondent. Hence, for appearance of counsel for respondent, it was ordered to be listed on 10.02.2026. Accordingly, the Registry listed the matter on 10.02.2026. On that day also, there was no representation on behalf of respondent. Taking note of the absence of respondent, this Court, as a last chance, directed the Registry to list the matter on 11.02.2026 for appearance of advocate for respondent. It was also ordered that if none appears on behalf of respondent on the next date of hearing, the Court will proceed to pass suitable orders and as already noted above, though matter - 3 - HC-KAR NC: 2026:KHC:8276 MFA No. 3467 of 2020 called twice, there is no representation on behalf of respondent. Hence, the Court proceeds to pass a suitable order. 3. The appeal is filed to set aside the order dated 10.07.2020 passed by the Court of XII Additional City Civil and Session Judge, (CCH-27), Bengaluru on I.A.No.1 in O.S.No.1026 of 2020. 4. Counsel for the appellant submits 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 on 02.09.2020 may be continued to operate till the disposal of the suit. 5. The oral submission is noted. 6. This Court vide order dated 02.09.2020 had passed the interim order. As no steps are taken either to vacate or modify the interim order as of today. Moreover, keeping the appeal pending would serve no purpose. Hence, this Court deems it proper to dispose of the appeal and a gentle request is made to the Trial Court to dispose of the suit as expeditiously - 4 - HC-KAR NC: 2026:KHC:8276 MFA No. 3467 of 2020 as possible from the receipt of certified copy of the order and without getting influenced by the observation and the findings recorded in the impugned order. 7. The interim order shall continue to operate till the disposal of the suit. 8. 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.: 41