- 1 - HC-KAR NC: 2026:KHC:6858 MFA No. 1036 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.1036 OF 2019 (CPC) BETWEEN: MR. MUBARAKA PASHA S/O. PYARE JAN, AGED ABOUT 31 YEARS, R/AT NO. 126, 3RD CROSS, KUSHAL NAGAR, RAMA TENT ROAD, VENKATESHPURAM, BENGALURU-560 045. …APPELLANT (BY SRI. RAMESH KUMAR V., ADVOCATE FOR SRI. P.M.NARAYANA SWAMY, ADVOCATE) AND: SRI. SANJAY N.S., S/O. NAGARAJ B., AGED ABOUT 34 YEARS, R/AT APT. NO. 302, A.H. LEGACY, FLOT NO.313, 6TH "B" CROSS, OMBR LAYOUT, BENGALURU-560 043. …RESPONDENT (BY SRI. H.RAMACHANDRA, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF THE CODE OF CIVIL PROCEDURE, 1908. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6858 MFA No. 1036 of 2019 THIS MISCELLANEOUS FIRST APPEAL IS LISTED FOR ADMISSION, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER: ORAL JUDGMENT Sri.Ramesh Kumar, counsel on behalf of Sri.P.M.Narayana Swamy, for the appellant and Sri.H.Ramachandra, counsel for respondent appeared in person. 2. The appeal is filed to set aside the order dated 12.10.2018 passed by the Court of LII Additional City Civil and Sessions Judge, Bengaluru (CCH-53) on I.A.No.1 in O.S.No.5410 of 2017. 3. Counsel for the respective parties submit 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 - 3 - HC-KAR NC: 2026:KHC:6858 MFA No. 1036 of 2019 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.: 27