- 1 - HC-KAR NC: 2026:KHC:30945 MFA No. 962 of 2016 C/W MFA No. 5318 of 2016 MFA No. 6576 of 2016 AND 2 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 962 OF 2016 (CPC) C/W MISCELLANEOUS FIRST APPEAL NO. 5318 OF 2016 MISCELLANEOUS FIRST APPEAL NO. 6576 OF 2016 MISCELLANEOUS FIRST APPEAL NO. 6577 OF 2016 MISCELLANEOUS FIRST APPEAL NO. 7216 OF 2016 IN MFA No. 962/2016 BETWEEN: SRI. SINGAMANENI CHALAPATHY AGED ABOUT 72 YEARS, S/O. SRI. S. CHANDRAPPA, NO.B-004, ADARSH RHYTHAM APARTMENTS, NO.71, PANDURANGA NAGAR, BENGALURU - 560 076. …APPELLANT (BY MRS. PREETHI KUMAR, ADVOCATE FOR SRI. ABHINAV R., ADVOCATE) AND: 1. SRI. A. R. NAZEER AHMED AGED ABOUT 56 YEARS, S/O. A.N. BASHA, NO.88A, GRIHALAKSHMI EXTENSION, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30945 MFA No. 962 of 2016 C/W MFA No. 5318 of 2016 MFA No. 6576 of 2016 AND 2 OTHERS WEST OF CHORD ROAD, BENGALURU - 560 079. 2. M/S. NANJUNDESHWARA DEVELOPERS A PARTNERSHIP FIRM, HAVING ITS OFFICE AT NO.659, 2ND PHASE, BANASHANKARI 3RD STAGE, BENGALURU - 560 085, REPRESENTED BY ITS MANAGING PARTNER, SRI. R.V. SUBRAMANYA. …RESPONDENTS (BY SRI. M.S. VARADARAJAN, ADVOCATE FOR R1 & R2) THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED: 30.11.2015 PASSED ON IA NO.I IN O.S NO.2325/2015 ON THE FILE OF THE XVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, REJECTING IA NO.1 FILED U/O 39 RULE 1 AND 2 R/W SEC.151 OF CPC. IN MFA NO. 5318/2016 BETWEEN: SRI SADANANDA HEGDE AGED ABOUT 50 YEARS S/O SRI.NARAYANA HEGDE, NO.60, 1ST MAIN, IDEAD HOMES, - 3 - HC-KAR NC: 2026:KHC:30945 MFA No. 962 of 2016 C/W MFA No. 5318 of 2016 MFA No. 6576 of 2016 AND 2 OTHERS R.R.NAGAR, BENGALURU - 560 098. ...APPELLANT (BY MRS. PREETHI KUMAR, ADVOCATE FOR SRI. ABHINAV R., ADVOCATE) AND: 1. SRI A. R. NAZEER AHMED AGED ABOUT 56 YEARS, S/O A.N.BHASHA, NO.88A, GRIHALAKSHMI EXTENSION, WEST OF CHORD ROAD, BENGALURU - 560 079. 2. M/S NANJUNDESHWARA DEVELOPERS A PARTNERSHIP FIRM, HAVING ITS OFFICE AT NO.659, 2ND PHASE, BANASHANKARI 3RD STAGE, BENGALURU - 560 085 REPRESENTED BY ITS MANAGING PARTNER SRI.R.V.SUBRAMANYA ...RESPONDENTS (BY SRI. M S VARADARAJAN, ADVOCATE FOR R2) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, 1908 AGAINST THE ORDER DATED 16.01.2016 PASSED ON I.A. NO.1 IN O.S.NO. 2154/2015 ON THE FILE OF THE XVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (C.C.H.16), DISMISSING I.A. NO.1 FILED UNDER ORDER 39 RULE 1 & 2 CPC. - 4 - HC-KAR NC: 2026:KHC:30945 MFA No. 962 of 2016 C/W MFA No. 5318 of 2016 MFA No. 6576 of 2016 AND 2 OTHERS IN MFA NO. 6576/2016 BETWEEN: SRI H. N. VIDYASHANKAR AGED ABOUT 53 YEARS, S/O SRI.H.K.NANJUNDA SWAMY NO.3994/F, 17TH 'D' CROSS, 4TH MAIN, BSK 2ND STAGE, BENGALURU - 560 070. ...APPELLANT (BY MRS. PREETHI KUMAR, ADVOCATE FOR SRI. ABHINAV R., ADVOCATE) AND: 1. SRI A. R. NAZEER AHMED AGED ABOUT 55 YEARS, S/O A.N. BHASHA, NO.88A, GRIHALAKSHMI EXTENSION, WEST OF CHORD ROAD, BENGALURU - 560 079. 2. M/S. NANJUNDESHWARA DEVELOPERS A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.659, 2ND PHASE, BANASHANKARI 3RD STAGE, BENGALURU - 560 085 REPRESENTED BY ITS MANAGING PARTNER SRI.R.V. SUBRAMANYA ...RESPONDENTS (BY SRI. M. S. VARADARAJAN, ADVOCATE FOR C/R2) - 5 - HC-KAR NC: 2026:KHC:30945 MFA No. 962 of 2016 C/W MFA No. 5318 of 2016 MFA No. 6576 of 2016 AND 2 OTHERS THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED: 01.07.2016 PASSED ON IA NO.1 & IA NO.4 IN O.S.NO.3013/15 ON THE FILE OF THE 14TH ADDITIONAL CITY CIVIL JUDGE, BENGALURU, DISMISSING IA NO.1 FILED U/O.39 RULE 1&2 R/W SEC.151 OF CPC, ALLOWING IA NO.4 FILED U/O.39 RULE 4 R/W SEC.151 OF CPC. IN MFA NO. 6577/2016 BETWEEN: SMT. PARIMALA P. JOSHI AGED ABOUT 56 YEARS, W/O SRI PRAMOD N. JOSHI R/O NO.206B-25, RICHGROVE DRIVE, TORONTO M9R OA3, CANADA REPRESENTED BY HER GENERAL POWER OF ATTORNEY HOLDER, SRI.VAMAN B PATIL ...APPELLANT (BY MRS. PREETHI KUMAR, ADVOCATE FOR SRI. ABHINAV R., ADVOCATE) AND: 1. SRI A. R. NAZEER AHMED AGED ABOUT 56 YEARS, S/O A.N.BASHA - 6 - HC-KAR NC: 2026:KHC:30945 MFA No. 962 of 2016 C/W MFA No. 5318 of 2016 MFA No. 6576 of 2016 AND 2 OTHERS NO.88A, GRIHALAKSHMI EXTENSION, WEST OF CHORD ROAD, BENGALURU - 560 079 2. M/S NANJUNDESHWARA DEVELOPERS A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.659, 2ND PHASE, BANASHANKARI 3RD STAGE, BENGALURU - 560 085, REPRESENTED BY ITS MANAGING PARTNER SRI.R.V.SUBRAMANYA ...RESPONDENTS (BY SRI. M. S. VARADARAJAN, ADVOCATE FOR C/R2) THIS MFA IS FILED U/O. 43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED 01.07.2016 PASSED ON IA NO.1 & IA NO.4 IN O.S.NO.2260/15 ON THE FILE OF THE 14TH ADDITIONAL CITY CIVIL JUDGE, BENGALURU, DISMISSING IA NO.1 FILED U/O.39 RULE 1&2 R/W SEC.151 OF CPC, ALLOWING IA NO.4 FILED U/O.39 RULE 4 R/W SEC.151 OF CPC. IN MFA NO. 7216/2016 BETWEEN: SMT N. G. SRILAKSHMI AGED ABOUT 49 YEARS W/O SRI. A.N. NATARAJA, NO.1652, 9TH MAIN ROAD, "A" BLOCK, 2ND STAGE, - 7 - HC-KAR NC: 2026:KHC:30945 MFA No. 962 of 2016 C/W MFA No. 5318 of 2016 MFA No. 6576 of 2016 AND 2 OTHERS RAJAJINAGAR, BENGALURU - 560 010. ...APPELLANT (BY MRS. PREETHI KUMAR, ADVOCATE FOR SRI. ABHINAV R., ADVOCATE) AND: 1. SRI A. R. NAZEER AHMED AGED ABOUT 55 YEARS S/O A.N. BASHA, NO.88A, GRIHALAKSHMI EXTENSION, WEST OF CHORD ROAD, BENGALURU - 560 079. 2. M/S NANJUNDESHWARA DEVELOPERS A PARTNERSHIP FIRM, HAVING ITS OFFICE AT NO.659, 2ND PHASE, BANASHANKARI 3RD STAGE, BENGALURU - 560 085, REPARESENTD BY ITS MANAGING PAWRTNER SRI.R.V. SUBRAMANYA ...RESPONDENTS (BY SRI. M. S. VARADARAJAN, ADVOCATE FOR R2) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED: 14.01.2016 PASSED ON IA NO.1 IN OS.NO.2413/15 ON THE FILE OF THE XLIII ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU, DISMISSING IA NO.1 FILED U/O.39 RULE 1&2 OF CPC. - 8 - HC-KAR NC: 2026:KHC:30945 MFA No. 962 of 2016 C/W MFA No. 5318 of 2016 MFA No. 6576 of 2016 AND 2 OTHERS THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT Learned counsel for the appellants is present. 2. Learned counsel for the appellants submits that the original suit before the trial Court was disposed of on 20.02.2023. This Court fails to understand why this was not informed to the Court. Learned counsels are responsible officers of the Court in the process of administration of justice and part of the judicial system and they owe a duty and responsibility to inform the Court at the earliest time to avoid any inconvenience and unnecessary expenditures to the state exchequer. - 9 - HC-KAR NC: 2026:KHC:30945 MFA No. 962 of 2016 C/W MFA No. 5318 of 2016 MFA No. 6576 of 2016 AND 2 OTHERS Nevertheless, the appeals are dismissed, taking note of the submission of learned counsel for the appellants, as having become infructuous. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 2