- 1 - HC-KAR NC: 2026:KHC:7897 MFA No. 2416 of 2017 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.2416 OF 2017 (CPC) BETWEEN: 1. M/S COMFORT SHELTERS PVT. LTD., HAVING IT OFFICE AT NO.102, 5TH FLOOR, SHAKTHI COMFORT TOWER ABOVE IDBI BANK, K.H.ROAD, BENGALURU-560 027 REPRESENTED BY ITS DIRECTORS. 2. SRI.P.N.CHANDRASHEKAR S/O P.V.NANJUNDA RAO, AGED 46 YEARS, NO.102, 5TH FLOOR, SHAKTHI COMFORT TOWER, ABOVE I.D.B.I. BANK K.H.ROAD, BENGALURU-560 027. 3. SRI.K.VIJAYAKUMAR S/O LATE KEMPAIAH, AGED 54 YEARS, NO.102, 5TH FLOOR, SHAKTHI COMFORTTOWER, ABOVE IDBI BANK K.H.ROAD, BENGALURU-560 027. …APPELLANTS (BY SRI. PRAKASH M S ., ADVOCATE) AND: 1. SMT KANTHAMMA W/O B.M.CHAMANNA AGED 78 YEARS, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7897 MFA No. 2416 of 2017 DEAD BY LEGAL REPRESENTATIVES DEFENDANTS/RESPONDENTS NO.2, 3 AND 4 ARE ALREADY ON RECORD 2. SRI M.C.SURESH S/O B.M. CHAMANNA AGED ABOUT 58 YEARS 3. SRI.M.C.MANJUNATH S/O B.M.CHAMANNA, AGED 56 YEARS, RESPONDENTS NO. 2 TO 3 ARE R/AT NO.968/47, II MAIN, M.C.LAYOUT, VIJAYANAGAR, BENGALURU-560 040. 4. SRI.M.C.SUNIL KUMAR S/O P.M.CHAMANNA AGED 47 YEARS, R/AT NO.356, 6TH CROSS, SIDDARANGA CHOULTRY ROAD, MANJUNATH NAGAR, BENGALURU-560 010. 5. C.S.REKHA D/O M.C.SURESH, AGED ABOUT 22 YEARS, 6. C.S.RASHMI D/O SURESH, AGED ABOUT 19 YEARS, 7. MASTER C.S.KULDEEP S/O M.C.SURESH, AGED ABOUT 14 YEARS, SINCE REPRESENTED BY HIS MOTHER SMT.D.RADHA, RESPONDENTS NO.5 TO 7 ARE R/AT NO.968/47, II MAIN, - 3 - HC-KAR NC: 2026:KHC:7897 MFA No. 2416 of 2017 M.C.LAYOUT, VIJAYANAGAR, BENGALURU-560 040. …RESPONDENTS (BY SRI. NAGAIAH, ADVOCATE FOR R4; SRI. V.B.SHIVAKUMAR, ADVOCATE FOR R5 TO R7; R2 AND R3 ARE SERVED AND UNREPRESENTED) 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.Prakash M.S., counsel for the appellants appeared in person. 2. The appeal is filed to set aside the order dated 09.12.2016 passed by the Court of VIII Additional City Civil and Sessions Judge (CCH-15) at Bengaluru on I.A.No.I and VIII in O.S.No.5143 of 2011. 3. Counsel for the appellants 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. - 4 - HC-KAR NC: 2026:KHC:7897 MFA No. 2416 of 2017 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 possibile from the receipt of certified copy of the order and without getting influenced by the observation and the findings recorded in the impugned order. 5. 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.: 7