- 1 - HC-KAR NC: 2026:KHC:5380 MFA No. 3478 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M MISCELLANEOUS FIRST APPEAL NO. 3478 OF 2018 (CPC) BETWEEN: MR. ASHOK KUMAR RAI, AGED 48 YEARS, S/O. LATE K.P.SANJEEVA RAI, MANAGING DIRECTOR OF RAI ESTATES, AND BUILDERS PVT. LTD. D.NO. 2-17-1461/1. BEJAI KAVOOR ROAD, MANGALURU - 575004. …APPELLANT (BY SRI. RAJASHEKAR S., ADVOCATE) AND: 1. MR. DINESH B.V., AGED 47 YEARS, S/O. VAMAN GATTY, RESIDING OF BALLYOTU HOUSE, POST KOTEKAR, MANGALURU TALUK - 575005. 2. MR. SHIVASHANKAR SHETTY, AGED 47 YEARS, S/O. V.P. SHETTY, RESIDENT OF "SAMRUDHI", NEAR LIONS CLUB, JEPPINAMOGARU, MANGALURU TALUK - 575007. …RESPONDENTS (BY SRI. ANIKETH K.U., ADVOCATE FOR SRI. B.S.SACHIN FOR R1 AND R2) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5380 MFA No. 3478 of 2018 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 104 READ WITH 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: ORAL JUDGMENT Sri.S.Rajashekar, counsel for the appellant and Sri.Aniketh, counsel on behalf of Sri.B.S.Sachin, for respondent Nos.1 and 2 appeared in person. The appeal is filed to set aside the Order dated 16.02.2018 passed by the Court of Principal Civil Judge at Mangaluru, Dakshina Kannada on I.A.No.2 in O.S.No.207 of 2017. 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 and with the above observation the appeal may be disposed of. - 3 - HC-KAR NC: 2026:KHC:5380 MFA No. 3478 of 2018 This court vide order dated 08.08.2018 had passed order and the undertaking given by the appellant shall continue to operate till the disposal of the suit and a gentle request is made to the trial Court to dispose of the suit within an outer limit of one year from receipt of certified copy of this order and without getting influenced by the observation and the findings recorded in the impugned order. 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.: 29