- 1 - HC-KAR NC: 2026:KHC:6861 MFA No. 4161 of 2017 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.4161 OF 2017 (CPC) BETWEEN: 1. BRUHAT BANGALORE MAHANAGARA PALIKE HUDSON CIRCLE, BANGALORE REPRESENTED BY ITS COMMISSIONER 2. THE ASSISTANT EXECUTIVE ENGINEER BBMP, HOODY SUB-DIVISION, BANGALORE-560048 …APPELLANTS (BY SMT. SUMANGALA GURUDEV GACHCHINAMATH, ADVOCATE) AND: HABITAT SPLENDOUR OWNERS ASSOCIATION, REGISTERED UNDER THE KARNATAKA APARTMENT OWNERSHIP ACT,1972 HAVING ITS OFFICE AT ITPL MAIN ROAD, KUNDALAHALLI, BROOKEFIELD, NEAR CMR INSTITUTE BENGALURU-560037 REPRESENTED BY ITS PRESIDENT MR AJIT RAO KAMAD …RESPONDENT (BY SRI. VACHAN H.U., ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF THE CODE OF CIVIL PROCEDURE. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6861 MFA No. 4161 of 2017 THIS MISCELLANEOUS FIRST APPEAL IS LISTED FOR ADMISSION, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER: ORAL JUDGMENT Sri.Sumangala Gurudev Gachchinamath, counsel for the appellants and Sri.Vachan H.U., counsel for the respondent appeared in person. 2. The appeal is filed to set aside the order dated 10.02.2017 passed by the Court of LXVIII Additional City Civil and Sessions Judge, Bengaluru City (CCH-69) on I.A.No.2 in O.S.No.495 of 2017. 3. Counsel for the respective parties 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 within an outer limit of one year from - 3 - HC-KAR NC: 2026:KHC:6861 MFA No. 4161 of 2017 the receipt of certified copy of the order and without getting influenced by 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.: 21