- 1 - HC-KAR NC: 2026:KHC:4661 MFA No. 4941 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M MISCELLANEOUS FIRST APPEAL NO. 4941 OF 2016 (CPC) BETWEEN: 1. M/S. EUROAMER GARUDA RESORTS (INDIA) PVT. LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.78/1, NEW K.R.ROAD, BASAVANAGUDI, BANGALORE, REPRESENTED BY ITS AUTHORISED SIGNATORY MR. A.K.VAIDYANATH 2. M/S FORTUNE BUILDERS AND DEVELOPERS, PARTNERSHIP FIRM, HAVING ITS OFFICE AT NO.78/1, NEW K.R.ROAD, BASAVANAGUDI, BANGALORE, REPRESENTED BY ITS PARTNER MR. MAHESH S. DESHPANDE …APPELLANTS (BY SRI. S.SRIRANGA, SENIOR ADVOCATE FOR SMT. SUMANA NAGANAND, ADVOCATE) AND: 1. M/S AEROZONAA A PARTNERSHIP FIRM HAVING ITS OFFICE AT: SAHAKAR HOUSE, 4TH FLOOR, MEKHRI CIRCLE, RMV EXTENSION, BANGALORE-560 080 REPRESENTED BY T.RIPUNJAYA REDDY Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4661 MFA No. 4941 of 2016 2. J. VENKATESHWARA RAO, S/O APPA RAO, AGED ABOUT 59 YEARS 4TH FLOOR, MEKHRI CIRCLE RMV EXTENSION BANGALORE-560 080 3. J. SAI VARAPRASAD RAO S/O APPA RAO AGED ABOUT 55 YEARS 4TH FLOOR, MEKHRI CIRCLE RMV EXTENSION BANGALORE-560 080 4. D. SRINIVAS RAO S/O KANNABBAI AGED ABOUT 43 YEARS 4TH FLOOR, MEKHRI CIRCLE RMV EXTENSION BANGALORE-560 080 5. P.M. NARAYANASWAMY MAJOR RESIDING AT NO.11, 2ND CROSS 2ND FLOOR, PAPANNA BLOCK GANGANAGAR, BANGALORE-560 032. …RESPONDENTS (BY SRI. BHADRINATH, ADVOCATE FOR SRI. H.S. RAMAMURTHY, ADVOCATE FOR R2 TO R4; R5 - SERVED AND UNREPRESENTED; VIDE ORDER DATED 08.02.2024 NOTICE TO R1 IS DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF THE CODE OF CIVIL PROCEDURE, 1908. - 3 - HC-KAR NC: 2026:KHC:4661 MFA No. 4941 of 2016 THIS MISCELLANEOUS FIRST APPEAL IS LISTED FOR FINAL HEARING, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER: ORAL JUDGMENT Sri.Sriranga., Senior counsel on behalf of Smt.Sumana Naganand., for the appellants and Sri.Bhadrinath., counsel on behalf of Sri.H.S.Ramamurthy., for respondents 2 to 4 have appeared in person. 2. The appeal is filed to set-aside the order dated:11.04.2016 passed by the Court of VIII Addl. City Civil and Sessions Judge (CCH-15) at Bengaluru, on I.A.No.1 in O.S.No.6363/2014 on several grounds as set-out in the Memorandum of appeal. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the appeal papers with care. 4. Counsel for the appellants submits that a memo has been filed stating that the appeal may be disposed of in terms of the memo and a direction may be issued to the Trial Court to dispose of the suit in accordance with law without being - 4 - HC-KAR NC: 2026:KHC:4661 MFA No. 4941 of 2016 influenced by the impugned order dated 11.04.2016. Counsel therefore, submits that the memo may be placed on record and appeal may be disposed of in terms of the memo. 5. Counsel for respondents 2 to 4 acknowledges the said submission. 6. Memo is placed on record. The appeal is disposed of in terms of the memo. Needless to observe that the Trial Court is directed to dispose of the suit as expeditiously as possible in accordance with the law without being influenced by the impugned order dated 11.04.2016. Because of disposal of the appeal, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of. SD/- (JYOTI M) JUDGE CH List No.: 1 Sl No.: 67