- 1 - HC-KAR NC: 2026:KHC:6860 MFA No. 2955 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M MISCELLANEOUS FIRST APPEAL NO.2955 OF 2019 (CPC) BETWEEN: 1. SRI. RAJESH KUMAR MEHTA S/O LATE NANA LAL AGED ABOUT 45 YEARS 2. SMT. SEEMA W/O RAJESH KUMAR AGED ABOUT 43 YEARS BOTH ARE RESIDING AT NO.18/1, 1ST MAIN ROAD, G.D. PARK EXTENSION, NEAR CHOWDAIAH HALL, VYALIKAVAL, BENGALURU-560 003. 3. VIJAY KUMAR S/O MITHALA AGED ABOUT 40 YEARS 4. KAILASH CHAND S/O MITHALA AGED ABOUT 50 YEARS 5. SUNIL KUMAR S/O MITHALAL AGED ABOUT 43 YEARS APPELLANTS NO.3 TO 5 ARE R/A NO.261, ASHOKA ROAD, LASHKAR MAHOLLA Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6860 MFA No. 2955 of 2019 MYSURU-570 001. REPRESENTED BY GPA HOLDER APPELLANT NO.1 ON BEHALF OF OTHER APPELLANTS …APPELLANTS (BY SRI. RAGHAVENDRA A.S., ADVOCATE) AND: 1. SMT. R. DEEPA W/O C.P. HARISH AGED ABOUT 48 YEARS R/AT NO.28, MALLUR VILLAGE SIDDALAGHATTA TALUK, CHICKBALLAPUR DISTRICT-562 105. 2. B. SOMASHEKAR S/O LATE BASAVAIAH AGED ABOUT 68 YEARS R/AT NO.393, 'SWABHIMANA' 2ND CROSS, RMV 2ND STAGE, 2ND BLOCK, BENGALURU-560 094. …RESPONDENTS (BY SRI. NAGARAJA, ADVOCATE FOR SRI. V. VISWANATH SETTY, ADVOCATE FOR C/R1) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER XLIII RULE 1(r) OF THE CODE OF CIVIL PROCEDURE. THIS MISCELLANEOUS FIRST APPEAL IS LISTED FOR ADMISSION, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER: ORAL JUDGMENT Sri.Raghavendra A.S., counsel for Sri.N.S.Bhat, counsel for the appellants appeared in person. - 3 - HC-KAR NC: 2026:KHC:6860 MFA No. 2955 of 2019 2. The appeal is filed to set aside the order dated 03.01.2019 passed by the Court of XLIV Additional City Civil and Sessions Judge, Bengaluru (CCH-45) on I.A.No.1 in O.S.No.6677 of 2018. 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. 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 the observation and the findings recorded in the impugned order. 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.: 29