- 1 - HC-KAR NC: 2026:KHC:6867 MFA No. 5324 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.5324 OF 2017 (CPC) BETWEEN: 1. SHRI. H SRINIVASA REDDY SINCE DECEASED REPRESENTED BY HIS LRS SMT NEELAMMA W/O LATE H SRINIVASA REDDY, AGED ABOUT 80 YEARS R/AT NO.55/1, 23RD CROSS, 24TH MAIN, HSR LAYOUT, BENGALURU-560 102 2. SRI S SOMASHEKAR S/O LATE H SRINIVASA REDDY, AGED ABOUT 60 YEARS R/AT NO.55/1, 23RD CROSS, 24TH MAIN, HSR LAYOUT, BENGALURU-560 102 3. SMT H S SATHYAVATHI W/O SRI P SADASHIV, AGED ABOUT 57 YEARS R/AT NO.193/A, 22ND CROSS, SECTOR-3, HSR LAYAOUT, BENGALURU-560 102 4. SMT RUKKAMMA W/O LATE H NARAYANA REDDY, AGED ABOUT 75 YEARS R/AT C/O H N CHANDRASEKHAR LAKE DEW RESIDENCY, HARALURU VILLAGE, BENGALURU-560 034 Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6867 MFA No. 5324 of 2017 5. SRI H RAJAGOPALA REDDY S/O LATE PATEL HANUMA REDDY, AGED ABOUT 73 YEARS R/AT LAKE DEW RESIDENCY HARALURU VILLAGE, BENGALURU-560 034 6. SRI H GURUVA REDDY S/O LATE PATEL HANUMA REDDY, AGED ABOUT 70 YEARS R/AT NO.28, CHANDRA LAYOUT, SHINIVAGILU, VIVEKNAGAR BENGALURU-560 047 7. SRI H JAYARAMA REDDY S/O LATE PATEL HANUMA REDDY, AGED ABOUT 68 YEARS R/AT NO.4, 2ND CROSS, 36TH MAIN, B.T.M.DOLLARS COLONY, I PHASE,MADIWALA BENGALURU-560 068 …APPELLANTS (BY SRI. RAMESH R., ADVOCATE FOR SRI. V.B.SHIVA KUMAR, ADVOCATE) AND: 1. SMT. JAYAMMA W/O H RAMAIAH REDDY, AGED ABOUT 83 YEARS R/AT NO.277/3, 9TH "A" MAIN 2ND BLOCK, JAYANAGAR, BENGALURU-560 011 2. SHRI H R RAJASHEKARA REDDY S/O H RAMAIAH REDDY, AGED ABOUT 63 YEARS R/AT NO.310, 6TH MAIN HAL II STAGE, BENGALURU-560 038 - 3 - HC-KAR NC: 2026:KHC:6867 MFA No. 5324 of 2017 3. SMT H R LAKSHMI DEVI W/O VENKATASWAMY, AGED ABOUT 66 YEARS R/AT NO.498, 1ST FLOOR, 3RD "A" MAIN, 16TH CROSS, HSR LAYOUT, 6TH SECTOR, BENGALURU-560 034 4. SMT KANTHAMMA CHANDRASHEKAR W/O N CHANDRASHEKAR AGED ABOUT 60 YEARS R/AT NO.1146, 22ND CROSS, 23RD MAIN, II SECTOR, H.S.R. LAYOUT, BENGALURU-560102 5. SMT RANI REDDY W/O RAVIKUMAR AGED ABOUT 58 YEARS R/AT NO.277/3, 9TH "A" MAIN 2ND BLOCK, JAYANAGAR BENGALURU-560 011 6. SMT SHAMALA RAJAGOPAL REDDY W/O S N RAJAGOPAL, AGED MAJOR R/AT NO.277/3, 9TH "A" MAIN 2ND BLOCK, JAYANAGAR BENGALURU-560 011 7. M/S. BREN CORPORATION, A PROPRIETARY CONCERN HAVING ITS OFFICE AT 3RD FLOOR, BALAVANA, PLOT NO.561, 5TH 'A' BLOCK, KORAMANGALA, BENGALURU-560095. REPRESENTED BY ITS PROPRIETOR J.BHOOPESH REDDY. …RESPONDENTS (BY SRI. R.V.S.NAIK, SENIOR ADVOCATE FOR SMT. SMITHA R.B., ADVOCATE FOR R1 TO R6; SRI. AJAY SHANKAR RAO, ADVOCATE FOR C/R7) - 4 - HC-KAR NC: 2026:KHC:6867 MFA No. 5324 of 2017 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF THE CODE OF CIVIL PROCEDURE, 1908. THIS MISCELLANEOUS FIRST APPEAL IS LISTED FOR ORDERS, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER: ORAL JUDGMENT Sri.Ramesh R., counsel on behalf of Sri.V.B.Shiva Kumar for the appellants and Sri.R.V.S.Naik, Senior counsel for Smt.Smitha R.B., for respondent Nos.1 to 6 appeared in person. 2. The appeal is filed to set aside the order dated 08.06.2017 passed by the Court of XXIV Additional City Civil and Sessions Judge, Bengaluru (CCH-6) on I.A.No.5 in O.S.No.3626 of 2012. 3. Counsel for the respective parties jointly submit that the suit is in the arguments stage. Hence, a direction may be issued to the Trial Court to dispose of the appeal - 5 - HC-KAR NC: 2026:KHC:6867 MFA No. 5324 of 2017 as expeditiously as possible and with the above observation the appeal may be disposed of. 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 as expeditiously as possible and without getting influenced by the observation and the findings recorded in the impugned order. 5. 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.: 13