- 1 - HC-KAR NC: 2026:KHC:32776 MFA No. 7057 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 7057 OF 2023 (CPC) BETWEEN: SMT. KOMALAMMA D/O. LATE HANUMAIAH W/O. LATE KRISHNA REDDY AGED ABOUT 62 YEARS R/AT MAJARA KOTHURU VILLAGE JAKKARANAKUPPA POST BANGARPET TALUK KOLAR DISTRICT - 563 121. …APPELLANT (BY SRI K.C. RAVINDRA BABU, ADVOCATE) AND: 1. SMT. RAMAKKA D/O. LATE HANUMAIAH SINCE DEATH LEGAL HEIRS OF RESPONDENT NO.1. 1(a) SRI MALLESH REDDY G. S/O. LATE GANGI REDDY AND LATE RAMAKKA AGED ABOUT 48 YEARS R/AT NO.3, NAGALA PALLI KOLAR DISTRICT, KARNATAKA - 563 121. 1(b) SRI BRAMHANANDA REDDY G. S/O. LATE GANGI REDDY AND LATE RAMAKKA AGED ABOUT 46 YEARS R/AT NO.58, SARJAPURA ROAD NEAR RAMA TEMPLE HALANAYAKANA HALLI Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32776 MFA No. 7057 of 2023 BENGALURU - 560 035. 1(c) SMT. MANJULA S.R. D/O. LATE GANGI REDDY AND LATE RAMAKKA W/O S. RAVI CHANDRA REDDY AGED ABOUT 44 YEARS R/AT NO. 3-14, CHINTALA GUNTA JAMI PALLI, VENKATAGIRI KOTA CHITTOR DISTRICT ANDHRA PRADESH - 517 424. 2. SMT. YASHODAMMA D/O. LATE HANUMAIAH AGED ABOUT 59 YEARS. 3. SRI NAGARAJU G.H. D/O. LATE HANUMAIAH AGED ABOUT 57 YEARS. 4. SRI RAGHU G.H. S/O. LATE HANUMAIAH AGED ABOUT 48 YEARS. RESPONDENT NO.2 TO 4 ARE R/AT GONIGATTAPURA VILLAGE SARJAPURA HOBLI, ANEKAL TALUK BANGALORE - 562 125. 5. SMT. GINAMMA @ GEETHA D/O. LATE HANUMAIAH W/O. KRISHNAREDDY AGED ABOUT 45 YEARS R/AT JIGALA VILLAGE ATTIBELE HOBLI, ANEKAL TALUK BANGALORE URBAN DISTRICT PIN - 562 107. …RESPONDENTS (BY SRI SAMPATH KUMAR A.V., ADVOCATE FOR R1(A TO C); SRI R.R.DEVENDRA GOWDA, ADVOCATE FOR R3, R4; R2, R5 - SERVED) - 3 - HC-KAR NC: 2026:KHC:32776 MFA No. 7057 of 2023 THIS MFA IS FILED UNDER SECTION 104 AND ORDER XLIII RULE 1(R) READ WITH ORDER XLI RULE1 OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 04.09.2023 PASSED ON I.A.NO.I IN O.S.NO.394/2020 BY II ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., ANEKAL. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT This appeal is preferred by the appellant–plaintiff challenging the impugned order dated 04.09.2023 passed on I.A.No.I filed under Order XXXIX Rules 1 and 2 read with Section 151 of CPC in O.S.No.394/2020 by II Additional Senior Civil Judge and JMFC, Anekal. 2. The appellant–plaintiff has instituted the suit seeking relief of partition and separate possession by claiming one-sixth legitimate share in the suit schedule properties. The appellant-plaintiff has also sought the relief of declaration and cancellation of the alleged registered release deed dated 17.06.2020, contending that respondent Nos.3 and 4 - defendant Nos.3 and 4 obtained the said deed in a fraudulent manner. - 4 - HC-KAR NC: 2026:KHC:32776 MFA No. 7057 of 2023 3. During the pendency of the suit, I.A.No.I was filed under Order XXXIX Rules 1 and 2 read with Section 151 of CPC, seeking an ex parte ad interim order of temporary injunction against respondent Nos.3 and 4, who are defendant Nos.3 and 4 therein, which was initially granted. Subsequently, upon the appearance, respondent Nos.3 and 4, who are the contesting defendants, filed I.A.No.II under Order XXXIX Rule 4 read with Section 151 of the CPC, seeking to vacate the ex parte ad interim order of temporary injunction. 4. Upon considering the rival contentions, the trial Court rejected I.A.No.I filed by the appellant-plaintiff under Order XXXIX Rules 1 and 2 read with Section 151 of CPC and allowed I.A.No.II, thereby vacating the ad interim ex parte order of temporary injunction. Aggrieved by which, the appellant-plaintiff is before this Court. - 5 - HC-KAR NC: 2026:KHC:32776 MFA No. 7057 of 2023 5. Upon the present appeal being filed, this Court, by an order dated 21.11.2023, directed the respondents not to alienate the suit schedule properties, till the next date of hearing. 6. Learned counsel for appellant and learned counsel for respondents submit that the suit has already reached the stage of recording of evidence. The pleadings are complete and the issues have been framed. Therefore, they jointly contend that if a reasonable time is fixed for expeditious disposal of the suit, which is of the year 2020 and the interim order passed by this Court on 21.11.2023 restraining the respondents from alienating the suit schedule properties is directed to continue till the disposal of the suit, the same would adequately safeguard the interests of both parties. 7. The submissions made by the learned counsel for appellants and learned counsel for respondents are placed on record. - 6 - HC-KAR NC: 2026:KHC:32776 MFA No. 7057 of 2023 8. It is seen that the original suit is of the year 2020 and that we are now in the year 2026. The pleadings have been completed, the issues have been framed and the suit is now ripe for recording of the plaintiff's evidence. In the circumstances, if a reasonable time is fixed for expeditious disposal of the suit, which has been pending for more than six years and the interim order passed by this Court restraining the respondents from alienating the suit schedule properties is directed to continue till the disposal of the suit, the same would adequately protect the interests of both parties and serve the ends of justice. 9. In view of the submissions made by the learned counsel for appellant and the learned counsel for respondents, this Court deems it appropriate to dispose of the appeal. Accordingly, I pass the following: ORDER i. This appeal is disposed off; ii. The impugned order dated 04.09.2023 passed on I.A.No.I in O.S.No.394/2020 by II Additional Senior Civil Judge and JMFC, Anekal, is modified - 7 - HC-KAR NC: 2026:KHC:32776 MFA No. 7057 of 2023 to the extent that the respondents–defendants shall not alienate the suit schedule properties until the disposal of the suit; iii. The trial Court is directed to dispose off the suit expeditiously, preferably within a period of eight (08) months from the date of receipt of a copy of this order; iv. Both parties shall co-operate for expeditious disposal of the matter; v. The trial Court is at liberty to impose exemplary costs on either party in the event of any unnecessary adjournment. Order accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 36