- 1 - HC-KAR NC: 2026:KHC:4940 MFA No. 3170 of 2018 C/W MFA No.3169 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M MISCELLANEOUS FIRST APPEAL NO. 3170 OF 2018 (CPC) C/W MISCELLANEOUS FIRST APPEAL NO. 3169 OF 2018 (CPC) IN MFA NO.3170/2018 BETWEEN: 1. SRI. M.B.SHIVAKUMARA S/O LATE M.P.BASAVARAJAPPA AGED ABUT 36 YEARS OCC: AGRICULTURE R/AT MUTHINA MULLUSOGE VILLAGE DODDAKAMARVALLI POST HARANAHALLI HOBLI PERIYAPATNA TALUK MYSURU DISTRICT-571 187 2. SRI. M.N.CHANDRASHEKHARA S/O LATE M.C.NINGAPPA AGED 38 YEARS OCC:AGRICULTURE R/AT MUTHINA MULLUSOGE VILLAGE DODDAKAMARVALLI POST HARANAHALLI HOBLI PERIYAPATNA TALUK MYSURU DISTRICT-571 187 …APPELLANTS (BY SRI. PRASANNA V.R., ADVOCATE) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4940 MFA No. 3170 of 2018 C/W MFA No.3169 of 2018 AND: 1. SRI. M.R.MALLESHAIAH S/O LATE RUDRAPPA AGED ABOUT 68 YEARS R/AT MUTHINA MULLUSOGE VILLAGE DODDAKAMARVALLI POST HARANAHALLI HOBLI PERIYAPATNA TALUK MYSURU DISTRICT-571 187 2. THE CHIEF SECRETARY GOVT. OF KARNATAKA VIDHANA SOUDHA BENGALURU-560 001 3. THE DEPUTY COMMISSIONER MYSURU DISTRICT MYSURU-570 001 4. THE ASST. COMMISSIONER HUNSUR SUB DIVISION, HUNSUR MYSURU DISTRICT-571 105 5. THE TAHSILDAR PERIYAPATNA TALUK PERIYAPATNA MYSURU DISTRICT-571 187 6. THE REVENUE INSPECTOR HARANAHALLI HOBLI NEAR TALUK OFFICE PERIYAPATNA TOWN MYSURU DISTRICT-571 187 7. THE VILLAGE ACCOUNTANT DODDAKAMARAVALLI CIRCLE DODDAKAMARAVALLI VILLAGE & POST PERIYAPATNA TOWN MYSURU DISTRICT-571 187 - 3 - HC-KAR NC: 2026:KHC:4940 MFA No. 3170 of 2018 C/W MFA No.3169 of 2018 8. THE TALUK SURVEYOR TALUK OFFICE PERIYAPATNA TOWN MYSURU DISTRICT-571 187 …RESPONDENTS (BY SRI. KRISHNAMOORTHY D., ADVOCATE FOR R1; SRI. MANJUNATHA RAYAPPA, AGA FOR R2 TO R8) IN MFA NO. 3169/2018 BETWEEN: 1. SRI. M.B.SHIVAKUMARA S/O LATE M.P.BASAVARAJAPPA AGED ABUT 36 YEARS OCC: AGRICULTURE R/AT MUTHINA MULLUSOGE VILLAGE DODDAKAMARVALLI POST HARANAHALLI HOBLI PERIYAPATNA TALUK MYSURU DISTRICT-571 187 2. SRI. M.N.CHANDRASHEKHARA S/O LATE M.C.NINGAPPA AGED 38 YEARS OCC:AGRICULTURE R/AT MUTHINA MULLUSOGE VILLAGE DODDAKAMARVALLI POST HARANAHALLI HOBLI PERIYAPATNA TALUK MYSURU DISTRICT-571 187 …APPELLANTS (BY SRI. PRASANNA V.R., ADVOCATE) AND: SRI M.R.MALLESHAIAH S/O LATE RUDRAPPA AGED ABOUT 68 YEARS, R/AT MUTHINA MULLUSOGE VILLAGE, - 4 - HC-KAR NC: 2026:KHC:4940 MFA No. 3170 of 2018 C/W MFA No.3169 of 2018 DODDAKAMARVALLI POST, HARANAHALLI HOBLI PERIYAPATNA TALUK MYSURU DISTRICT-571 187 …RESPONDENT (BY SRI. KRISHNAMOORTHY D., ADVOCATE) THESE MISCELLANEOUS FIRST APPEALS IS FILED UNDER ORDER 43 RULE 1(r) OF THE CODE OF CIVIL PROCEDURE, 1908. THESE MISCELLANEOUS FIRST APPEALS IS LISTED FOR ADMISSION, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER: ORAL JUDGMENT Sri.Prasanna.V.R., counsel for the appellants and Sri.Krishnamoorthy.D, counsel for respondent No.1, Sri.Manjunatha Rayappa., Additional Government Advocate for respondent Nos.2 to 8 appeared in person. MFA No.3170/2018 is filed to set aside the order dated 27.03.2018 passed by the Court of Senior Civil Judge and JMFC, Periyapatna on I.A.No.3 in O.S.No.46 of 2017. - 5 - HC-KAR NC: 2026:KHC:4940 MFA No. 3170 of 2018 C/W MFA No.3169 of 2018 MFA No.3169/2018 is filed to set aside the order dated 27.03.2018 passed by the Court of Senior Civil Judge and JMFC Periyapatna on I.A.No.2 in O.S.No.46 of 2017. Counsel for appellants and respondent No.1 jointly submits that this Court, vide order dated 24.04.2018 had granted an interim order and further submits that the suit is now set down for evidence. They further submits that the suit is filed in 2017 and a direction may be issued to the Trial Court to dispose of the suit as expeditiously as possible and the interim order granted by this Court may be continued till the disposal of the suit. The submission made by counsel for appellants and respondent No.1 is placed on record. A gentle request is made to the Trial Court to dispose of the suit within an outer limit of one year from today. The interim order granted by this Court on 24.04.2018 shall continue to operate till the disposal of the suit. - 6 - HC-KAR NC: 2026:KHC:4940 MFA No. 3170 of 2018 C/W MFA No.3169 of 2018 Needless to observe that the Court has not expressed anything on the merits of the case. With the above observation, the appeals are disposed of. SD/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 34