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2026 DAILYLAW 49108 (KAR)

SRI. B ASHWATHNARAYANA v. SRI. N MURTHY

MFA/6142/2021 · 2026-02-05

Jyoti M

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:6872 MFA No. 6142 of 2021 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.6142 OF 2021 (CPC) BETWEEN: SRI. B. ASWATHNARAYANA SON OF LATE BACHEGOWDA, AGED ABOUT 52 YEARS, RESIDING NO.2224, 16TH C CROSS, 8TH MAIN, 'D' BLOCK, SAHAKARANAGAR, BENGALURU-560092. …APPELLANT (BY SRI. T.P.SRINIVASA, ADVOCATE FOR SRI. S. VENUGOPALA, ADVOCATE) AND: SRI. N.MURTHY SON OF SRI NARASIMHAIAH, AGED ABOUT 70 YEARS, REIDING AT NO.2236, 16TH 'B' CROSS, 8TH MAIN ROAD, D BLOCK, SAHAKARANAGAR BENGALURU-560092. …RESPONDENT (BY SRI. NAGENDRA KUMAR K., ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 104 READ WITH 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:6872 MFA No. 6142 of 2021 THIS MISCELLANEOUS FIRST APPEAL IS LISTED FOR HEARING, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER: ORAL JUDGMENT Sri.T.P.Srinivasa., counsel on behalf of Sri.S.Venugopala., for the appellant and Sri.Nagendra Kumar.K., counsel for the respondent have appeared in person. 2. The appeal is filed to set aside the order dated 08.11.2021 passed by the Court of XIX Addl. City Civil and Sessions Judge, Bengaluru City on I.A.No.1 in O.S.No.3874/2021. After arguing the matter for sometime, counsel appearing for the respective parties jointly submits that a direction may be issued to the Trial Court to dispose of the suit as expeditiously as possible. 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 observations and the findings recorded in the impugned order. - 3 - HC-KAR NC: 2026:KHC:6872 MFA No. 6142 of 2021 With the above observations, the appeal is disposed of. The interim order granted by this Court on 15.12.2021 shall continue to operate till the disposal of the suit. Parties to co- operate for the speedy disposal of the suit. SD/- (JYOTI M) JUDGE MRP List No.: 1 Sl No.: 67