- 1 - HC-KAR NC: 2026:KHC:6281 MFA No. 5993 of 2021 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.5993 OF 2021 (CPC) BETWEEN: SRI M MURUGAN AGED ABOUT 54 YEARS, S/O SRI VEDIYAPPA BANEBETTU COMPOUND KINNIMULKY-576101 UDUPI TALUK AND DISTRICT …APPELLANT (BY SRI. CHANDRANATH ARIGA K., ADVOCATE) AND: SRI SHESHAPPA SHETTY AGED ABOUT 64 YEARS S/O SRI KORAGAPPA SHETTY "ASHIRVAD" JEPPINA MOGARU-575007 MANGALURU TALUK DK DISTRICT …RESPONDENT (BY SRI. NIKHIL K.N., ADVCOATE FOR SRI. SANATH KUMAR SHETTY K., ADVOCATE C/R) 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: Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6281 MFA No. 5993 of 2021 ORAL JUDGMENT Sri.Chandranath Ariga, counsel for the appellant and Sri.Nikhil K.N., counsel on behalf of Sri.Sanath Kumar Shetty K. for caveator respondent appeared in person. 2. The appeal is filed to set aside the order dated 07.11.2020 passed by the Court of Principal Senior Civil Judge and C.J.M., Udupi on I.A.No.II in O.S.No.96 of 2020. 3. Counsel for the appellant 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 the receipt of certified copy of the order and without getting influenced by the observation and the findings recorded in the impugned order. - 3 - HC-KAR NC: 2026:KHC:6281 MFA No. 5993 of 2021 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.: 31