- 1 - HC-KAR NC: 2026:KHC:6869 MFA No. 5676 of 2017 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.5676 OF 2017 (CPC) BETWEEN: SRI. M. PUTTASWAMY S/O MUDDAIAH, AGED ABOUT 51 YEARS, R/AT 67/3, H.B.SAMAJA ROAD, BASAVANAGUDI, BENGALURU-560 004. …APPELLANT (BY SRI. VITTAL, ADVOCATE FOR SRI. NARASIMHA MURTHY K., ADVOCATE) AND: 1. CHIKKA MARIGOWDA S/O LATE BOREGOWDA, AGED ABOUT 74 YEARS, R/AT THARIKERE VILLAGE, HARALEKERE POST, KOPPA HOBLI, MADDUR TQ., MANDYA DISTRICT PIN: 571 401 2. SMT. CHIKKATHAYAMMA D/O LATE BOREGOWDA, AGED ABOUT 72 YEARS, R/AT THARIKERE VILLAGE, HARALEKERE POST, KOPPA HOBLI, MADDUR TQ., MANDYA DISTRICT PIN: 571 401 Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6869 MFA No. 5676 of 2017 3. SRI. RAMESH S/O LATE NANJAPPA ALIAS SUBBANNA, AGED ABOUT 45 YEARS, 4. SMT. SAROJAMMA D/O LATE NANJAPPA ALIAS SUBBANNA, AGED ABOUT 42 YEARS 5. SRI. CHENNAKESHAVA S/O LATE NANJAPPA ALIAS SUBBANNA, AGED ABOUT 37 YEARS, RESPONDENTS NO.3 TO 5 ARE RESIDING AT KALLIKOPPALU VILLAGE, BEKKALALE POST, KOPPA HOBLI, MADDUR TQ., MANDYA DISTRICT, PIN: 571 401 6. SRI. BOREGOWDA ALIAS CHIKKABELAIAH, S/O LATE THAMME GOWDA, AGED ABOUT 56 YEARS, 7. SRI. PUTTASWAMY S/O LATE THAMME GOWDA, AGED ABOUT 46 YEARS, 8. SRI. SANTOSH S/O LATE DODDA BILIGOWDA, AGED ABOUT 32 YEARS, 9. SRI. YOGESH S/O LATE DODDA BILIGOWDA, AGED ABOUT 29 YEARS, 10. SRI. NINGARAJU S/O LATE SHIVANNA AGED ABOUT 26 YEARS, 11. SRI. MANUKUMAR S/O LATE SHIVANNA AGED ABOUT 24 YEARS, - 3 - HC-KAR NC: 2026:KHC:6869 MFA No. 5676 of 2017 12. SHANTHAMMA D/O LATE BORE GOWDA, AGED ABOUT 54 YEARS, 13. SRI. RAMESH S/O LATE BORE GOWDA, AGED ABOUT 52 YEARS, 14. SRI. SHIVARAJU S/O LATE BORE GOWDA, AGED ABOUT 47 YEARS, 15. CHIKKATHYAMMA D/O LATE BORE GOWDA, AGED ABOUT 44 YEARS, 16. SRI. MAHALINGAIAH S/O LATE BORE GOWDA, AGED ABOUT 40 YEARS, 17. SRI. B.KUMAR S/O LATE BORE GOWDA, AGED ABOUT 39 YEARS, RESPONDENTS NO.6 TO 17 RESIDING AT THARIKERE VILLAGE, HARALEKERE POST, KOPPA HOBLI, MADDUR TQ., MANDYA DISTRICT, PIN: 571 401 …RESPONDENTS (R1, R2, R4, R6, R12 TO R17 ARE SERVED AND UNREPRESENTED; VIDE ORDER DATED 27.11.2024, NOTICE TO R7 TO R11 IS HELD SUFFICIENT) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER XLIII RULE 1(r) OF THE CODE OF CIVIL PROCEDURE, 1908. - 4 - HC-KAR NC: 2026:KHC:6869 MFA No. 5676 of 2017 THIS MISCELLANEOUS FIRST APPEAL IS LISTED FOR ORDERS, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER: ORAL JUDGMENT Sri.Vittal, counsel on behalf of Sri.Narasimha Murthy K., counsel for the appellant appeared in person. 2. The appeal is filed to set aside the order dated 03.06.2017 passed by the Court of Senior Civil Judge, Maddur on I.A.No.1 in O.S.No.62 of 2016. 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. Counsel further submits that the interim order granted by this Court shall continue till the disposal of the suit. 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 six months from the receipt of certified copy of the order and without - 5 - HC-KAR NC: 2026:KHC:6869 MFA No. 5676 of 2017 getting influenced by the observation and the findings recorded in the impugned order. 5. The interim order granted by this Court on 26.07.2018 shall continue till the disposal of the suit. 6. 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.: 5