- 1 - HC-KAR NC: 2026:KHC:7906 MFA No. 6730 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.6730 OF 2017 (CPC) BETWEEN: 1. SRI REYAZ ULLA KHAN S/O LATE NAZIR KHAN, AGED ABOUT 56 YEARS, 2. SRI NAYAZ ULLAKHAN S/O LATE NAZIR KHAN AGED ABOUT 41 YEARS, APPELLANTS NO. 1 AND 2 ARE R/AT VEERASANGARA COLONY, 5TH CROSS, TUMKUR-572 102. 3. SRI RAHAMANTULLA KHAN S/O BASHEER AHMED KHAN AGED ABOUT 57 YEARS, R/AT 6TH CROSS, PORVS COLONY, TUMKUR-572 101. 4. SRI MUSHEER AHMED KHAN S/O LATE KHALEELULLAKHAN AGED ABOUT 49 YEARS, 5. SRI AMJAD AHMED KHAN S/O LATE KHALEELULLAKHAN AGED ABOUT 48 YEARS, 6. SRI ANSAR AHMED KHAN S/O LATE KHALEELULLAKHAN AGED ABOUT 46 YEARS, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7906 MFA No. 6730 of 2017 7. SRI ZAFEER AHMED KHAN S/O LATE KHALEELULLA KHAN, AGED ABOUT 39 YEARS, 8. SRI AHMED ALI KHAN S/O LATE KHALEELULLAKHAN AGED ABOUT 35 YEARS, 9. SRI EJAZ AHMED KHAN S/O LATE KHALEELULLAKHAN AGED ABOUT 42 YEARS, APPELLANTS NO.4 TO 9 ARE R/AT FAHIMUNNISA MANJIL, NEAR TO RIZWANAYA MASJID, SYED BLOCK, ANNASANDRA PALYA BANGALORE EAST TALUK-560 017. APPELLANTS NO.1 TO 8 ARE REPRESENTED BY THEIR SPA HOLDER SRI. EJAZ AHMED KHAN- 9TH APPELLANT. …APPELLANTS (BY SRI. DANAPPA P. PANIBHATE, ADVOCATE) AND: 1. SRI GURUSIDDAIAH S/O SIDDAGANGAIAH, AGED ABOUT 56 YEARS, 2. SRI SIDDAGANGAIAH S/O ANCHEMANE GANGAIAH AGED ABOUT 76 YEARS, 3. SMT. MEHARUNNISA @ MAJAN BEE W/O MOHAMMED KHASIM KHAN AGED ABOUT 76 YEARS, ALL ARE R/AT LAKKUR VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK. …RESPONDENTS (BY SRI. H.S. SANTHOSH, ADVOCATE FOR C/R1) - 3 - HC-KAR NC: 2026:KHC:7906 MFA No. 6730 of 2017 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1 (r) READ WITH SECTION 151 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.Danappa P. Panibhate, counsel for the appellants and Sri.H.S.Santhosh, counsel for caveator / respondent No.1 appeared in person. 2. The appeal is filed to set aside the order dated 15.03.2017 passed by the Court of Senior Civil Judge at Nelamangala on I.A.No.1 in O.S.No.681 of 2016. 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. 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 of certified copy of the order and without getting influenced by - 4 - HC-KAR NC: 2026:KHC:7906 MFA No. 6730 of 2017 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.: 9