- 1 - HC-KAR NC: 2026:KHC:6255 MFA No. 1526 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M MISCELLANEOUS FIRST APPEAL NO.1526 OF 2023 (CPC) BETWEEN: SRI. KRISHNAPPA, S/O THIRUMALAIAH AGED ABOUT 79 YEARS AGRICULTURIST R/O GOPALA COLONY LAKKAVALLI HOBLI TARIKERE TALUK CHIKKAMAGALURU DISTRICT - 577228 …APPELLANT (BY SRI. P MAHESHA, ADVOCATE) AND: 1. SRI. MADATTI GOWDA, S/O LATE THIRUMALAIAH AGED ABOUT 86 YEARS RTD. VISL EMPLOYEE 2. SMT. RATHNAMMA W/O MADATTIGOWDA AGED ABOUT 69 YEARS 3. KUMARA S/O THIRUMALAIAH AGED ABOUT 47 YEARS RESPONDENTS NO.1 TO 3 ARE R/O HOUSE NO DWC 21B HUTTA COLONY, BHADRAVATHI TOWN, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6255 MFA No. 1526 of 2023 SHIVAMOGGA DISTRICT 577301 4. SRI NARASHIMAMURTHY S/O KADARAPPA AGED ABOUT 44 YEARS R/O GOPALA COLONY LAKKAVALLI HOBLI TARIKERE TALUK CHIKKAMAGALURU DISTRICT 577228 …RESPONDENTS (BY SRI. SACHIN MADAV HEGDE, ADVOCATE FOR SRI. SACHIN B S., ADVOCATE FOR R1 TO R4) 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 ADMISSION, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER: ORAL JUDGMENT Sri.P.Mahesha., counsel for the appellants and Sri.Sachin Madav Hegde., counsel on behalf of Sri.Sachin.B.S., for the respondents have appeared in person. The appeal is filed to set aside the order dated 13.02.2023 passed by the Court of Senior Civil Judge and Prl. JMFC, Tarikere, on I.A.No.1 in R.A.No.72/2022. After arguing the matter for sometime, counsel appearing for the respective parties jointly submits that a direction may - 3 - HC-KAR NC: 2026:KHC:6255 MFA No. 1526 of 2023 be issued to the Appellate Court to dispose of the appeal as expeditiously as possible. Taking note of the said submission, appeal is disposed of and a gentle request is made to the Appellate Court to dispose of the appeal within an outer limit of three months 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 observations, the appeal is disposed of. The interim order granted by this Court on 13.03.2023 shall continue to operate till the disposal of the regular appeal. Parties to co-operate for the speedy disposal of the appeal. Because of disposal of the appeal, all office objections are over-ruled. SD/- (JYOTI M) JUDGE MRP List No.: 1 Sl No.: 43