- 1 - HC-KAR NC: 2026:KHC:3756 MFA No. 7154 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M MISCELLANEOUS FIRST APPEAL NO. 7154 OF 2023 (CPC) BETWEEN: 1. DEVAKI MOOLYEDI AGED 65 YEARS, D/O. POOVU MOOLYEDI, 2. SHAKUNTHALA AGED 48 YEARS, 3. PURUSHOTHAMA MOOLYA AGED 46 YEARS, R/AT SIRSI, SOOR NO.2-59/2, SITE NO.212, 2ND BLOCK, KATIPALLA, MANGALORE-575030. 4. HEMAVATHI AGED 43 YEARS, RESPONDENTS NO.1, 2 AND 4 ARE R/AT 3-50, SHRI DEVI KRUPA, MUCHUR VILLAGE AND POST, MANGALORE 574144. APPELLANTS NO.2 TO 4 ARE THE CHILDREN OF NO.1 DEVAKI MOOLYEDI. 5. SUBHASHINI AGED 45 YEARS, W/O KISHORE, R/AT 2-164, PALANEER ROAD, KAVOOR, MANGALORE - 575015. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3756 MFA No. 7154 of 2023 6. LOKESH AGED 34 YEARS, S/O OBAYYA BANGERA, R/AT 3-50, THANDEL HOUSE, MUCHUR, MANGALORE - 574144. APPELLANTS NO.5 AND 6 ARE THE CHILDREN OF LATE GIRIJA 7. LEELA AGED 63 YEARS, D/O LATE POOVU MOOLYEDI, W/O MAHABALA, 8. SADASHIVA AGED 39 YEARS, 9. PRIYALATHA AGED 34 YEARS, APPELLANT NO.8 AND 9 ARE CHILDREN OF APPELLANT NO.7. LEELA APPELLANTS NO.7 TO 9 ARE R/AT 3-55/B, LACHIL HOUSE, KULAI, MANGALORE-575019. 10. NARAYANA N MOOLYA AGED 69 YEARS, S/O POOVU MOOLYEDI, R/AT 3-50, SHRI DEVI KRUPA, MUCHUR VILLAGE AND POST, MANGALORE-574144. 11. ESARA ADULT, 12. DAYANAND ADULT, - 3 - HC-KAR NC: 2026:KHC:3756 MFA No. 7154 of 2023 13. DEVAPPA ADULT, APPELLANTS NO. 11 TO 13 ARE THE CHILDREN OF LATE POOVAPPA, APPELLANTS NO. 11 TO 13 ARE R/AT 3-55, KULAI LACHIL, MANGALORE -575019. 14. DOMBAYYA MOOLYA AGED ABOUT 69 YEARS, S/O CHINNU MOOLYEDI R/AT 3-55, KULAI LACHIL, MANGALORE-575019. 15. ANAND AGED ABOUT 53 YEARS, S/O LINGAMMA R/AT 2-138(2) NEAR VENKATRAMANA SCHOOL, KULAI, MANGALORE-575019. 16. CHANDRASHEKAR AGED ABOUT 51 YEARS, S/O LINGAMMA R/AT 2-75(2) DELANTHABETTU, TENKAMIJARU, MIRAJ POST, MOODBIDRI-574225. 17. RAMESH K MOOLYA ADULT, S/O KAMALA, R/AT HALERI HOUSE, MIJAR POST, MANGALURU-564225. 18. MALATHI AGED ABOUT 42 YEARS, D/O. LINGAMMA, R/AT NO. 2-236, VALANGAJE HOUSE, KEDILA, D.K. DISTRICT-574 220. - 4 - HC-KAR NC: 2026:KHC:3756 MFA No. 7154 of 2023 19. SWARNIKA MINOR, 20. SWASTIK MINOR, APPELLANTS NO.19 AND 20 ARE CHILDREN OF APPELLANT NO.18 MALATHI AND REPRESENTED BY HER AS NATURAL GUARDIAN AND R/AT NO. 2-236, VALANGAJE HOUSE, KEDILA, D.K. DISTRICT-574 220. 21. JAYASHREE AGED ABOUT 48 YEARS, D/O. LATE LALITHA, R/AT NO. 3-30/2, KALA NIVAS, NEAR VENKATRAMANA SCHOOL, KULAI, MANGALORE-575 019. 22. GAGAN MINOR, 23. YOGITHA MINOR, APPELLANTS NO.22 AND 23 ARE CHILDREN OF NO.21 AND REPRESENTED BY HER AS NATURAL GUARDIAN, JAYASHREE, AND R/AT NO. 3-30/2, KALA NIVAS, NEAR VENKTRAMANA SCHOOL, KULAI, MANGALORE-575 019. 24. SHOBITHA AGED ABOUT 39 YEARS, D/O. LATE LALITHA, R/AT NO. 5-123, SITE NO.40, - 5 - HC-KAR NC: 2026:KHC:3756 MFA No. 7154 of 2023 NEAR MAHANKALI DAIVASTHANA, KULAI, MANGALORE-575 019. …APPELLANTS (BY SRI. CHANDRANATH ARIGA K., ADVOCATE) AND: 1. KAMALA AGED ABOUT 78 YEARS D/O LATE MONU HENGSU W/O LATE DERANNA @ DERANNA MOOLYA R/AT 2-17-1440, KITTU PRABHU COMPOUND, NEAR BALIGA STORE, BEJAI-575004 MANGALORE TALUK. 2. VASANTHI AGED ABOUT 54 YEARS, D/O. LATE VARIJA, W/O. GANGADHARA @ GANGADHAR ANCHAN, R/AT NO. 4-T-12/27, BORUGUDDE, NEAR MITRA MANDALA, DEREBAIL, KONCHADY, ASHOKNAGAR-575 006 MANGALORE. 3. JANAKI AGED ABOUT 58 YEARS, 4. NIRANANJAN AGED ABOUT 40 YEARS, REPONSENTS NO.3 AND 4 R/AT D NO. 2-17-1436, KITTU PRABHU COMPOUND, BEJAI-575 004 MANGALORE TALUK. 5. SHOBHA SHIVAPRAKASH AGED ABOUT 38 YEARS, W/O. SHIVAPRAKASH K.S., R/AT NO. 2-143E9(1F), - 6 - HC-KAR NC: 2026:KHC:3756 MFA No. 7154 of 2023 PRAKASH NILAYA, MURU KATTE, KUMPALA, SOMESHWARA, KOTEKAR POST-575 022 MANGALORE TALUK, RESPONDENT NO.3 IS THE WIFE, RESPONDENT NO.4 AND 5 ARE THE CHILDREN OF LATE APPANNA. 6. VINODA AGED ABOUT 63 YEARS, W/O. CHANDRAHASA, R/AT NO. 2-69/4, SAI DURGA, NEAR NAGAKANNIKA TEMPLE, KONCHADY, DEREBAIL-575 006 MANGALORE. 7. MOHINI AGED ABOUT 48 YEARS W/O YASHAVANTH R/AT 22-1-105/5, FLAT NO.201,. MANGALA GARDEN APTS, BEHIND CANARA BANK, JEPPU MARKET ROAD - 575 001 MANGALORE TALUK. RESPONDENTS NO.6 AND 7 ARE THE CHILDREN OF RESPONDFENT NO.1 KAMALA 8. SUMATHI AGED ABOUT 51 YEARS W/O LATE RAMESH R/AT 2-17-1440, KITTU PRABHU COMPOUND, NEAR BALIGA STORE, BEJAI - 575 004 MANGALORE TALUK. 9. KIRAN KUMAR AGED ABOUT 37 YEARS, - 7 - HC-KAR NC: 2026:KHC:3756 MFA No. 7154 of 2023 R/AT 3-25/K, SURAKSHA NAGARA, BALYA KUMPALA, SOMESHWARA - 575 023 MANGALORE TALUK. 10. BHAVYA AGED ABOUT 34 YEARS R/AT 10-T-120/12, II CROSS, MANJADKA, SHAKTHINAGAR - 575 016 MANGALORE TALUK. 11. YATHISH ALIAS LATEESH AGED ABOUT 32 YEARS R/AT 3-1(E) MITRA NAGARA, SOMESHWAR, KOTEKAR - 575 022 MANGALORE TALUK. 12. RAJESH AGED ABOUT 38 YEARS R/AT 8-100/34, SEETHA NILAYA, BAJAL, KUNTAL GUDDE, KANKANADY B- 575 002 MANGALORE TALUK. 13. SUDARSHAN AGED ABOUT 38 YEARS, R/AT 8-100/34, SEETHA NILAYA, BAJAL, KUNTALGUDDE, KANKANADY B -575002 MANGALORE TALUK RESPONDENTS NO.9 TO 13 ARE CHILDREN OF LATE VISHWANATH AND NETHRAVATHI. 14. SEETHA W/O LATE VISHWANATH B AGED ABOUT 55 YEARS, 15. KAVYA AGED ABOUT 24 YEARS, - 8 - HC-KAR NC: 2026:KHC:3756 MFA No. 7154 of 2023 RESPONDENT NO.15 IS THE DAUGHTER OF NO.14 SEETHA, RESPONDENTS NO.14 AND 15 ARE R/AT 8-100/34, SEETHA NILAYA, BAJAL, KUNTALGUDDE, KANKANADY B-575002 MANGALORE TALUK 16. RAJENDRA AGED ABOUT 42 YEARS, R/AT 3-128/5-3, SHIVA KAMALA BEHIND BALA SAMRAKSHANA KENDRA KUTHAR PADAVU, MUNNUR POST-575017 MANGALORE TALUK 17. HAREENDRA AGED ABOUT 38 YEARS, R/AT 2-109(6), SHIVA KRIPA, NEAR KUBEVOOR RAYARA MANE SHIMANTHU, KENCHANAKERE 574154 MANGALORE TALUK 18. RAVINDRA AGED ABOUT 42 YEARS, R/AT 2-60F(8), SHIVA KAMALA CHELAIRU, HALENGADY-574146, MANGALORE TALUK RESPONDENS NO.16 TO 18 ARE CHILDREN OF LATE SHIVAPPA. 19. LALITHA AGED ABOUT 64 YERARS 20. SOHAN AGED ABOUT 34 YEARS RESPONDENT NO. 19 IS THE WIFE, AND RESPONDENT NO.20 IS THE S/O LATE RAMA @ B RAMA NO. 19 AND 20 ARE - 9 - HC-KAR NC: 2026:KHC:3756 MFA No. 7154 of 2023 R/AT 1-105/7, SHREE RAMA DHAMA HOUSE MAJI, NEAR KARTHIK PRINTERS, THUMBE VILLAGE AND POST, VTC BANTWAL, POST-FARANGIPETE- 574 143 BANTWAL. 21. KAMALAKSHA AGED ABOUT 57 YEARS S/O LATE VARIJA R/AT 4-T-12/27, BORUGUDDE, NEAR MITRA MANDALA DEREBAIL KONCHADY, ASHOKNAGAR - 575 006 MANGALORE TALUK 22. HARSHITHA AGED ABOUT 25 YEARS D/O NO. 109-VASANTHI R/AT 4-T-12/27, BORUGUDDE NEAR MITRA MANDALA DEREBAIL, KONCHADY ASHOKNAGAR - 575 006 MANGALORE TALUK 23. M/S GUHAN ASSOCIATES HAVING OFFICE AT DOOR NO. 3-53/30(1) VEENU HOMES, KULAI MANGALURU - 575 019 MR NAVEEN S/O LATE SHIVAPPA BANGERA AGED ABOUT 42 YEARS R/AT GUHAN, 1-230-4, HOSABETTU, KEREKADU, MANGALURU - 5750 19 24. PRASHANTH P S/O GANAPATHI P AGED ABOUT 43 YEARS R/AT NO 3-2/5, SHANKARA NILAYA NEAR VISHNUMOORTHY TEMPLE KULAI, MANGALORE - 575019 - 10 - HC-KAR NC: 2026:KHC:3756 MFA No. 7154 of 2023 25. MR ANIL KUMAR S S/O CHANIYAPPA AGED 36 YEARS R/AT SUDEMBALA BAYAR KASARGOD, KERALA - 671348 26. DIVYA AGED ABOUT 33 YEARS W/O ANIL KUMAR, R/AT 1-102(3) KEREKADU HOUSE, SHIVASHAKTHI NAGAR KULAI, MANGALORE - 575 019 27. VASUDEVA KARANTH AGED ABOUT 34 YEARS S/O SUBRAYA KARANTH R/AT 3-105-1A NEAR VISHNUMURTHY TEMPLE KULAI, MANGALORE - 575019 28. GIRISHA LAXMAN SALIAN AGED ABOUT 39 YEARS R/AT 206, VERTEX VENEZIA APT VINAYAKA NAGARA, GUNJURU VILLAGE BANGALORE - 560087 29. ROHITH KULAL MANGALORE AGED ABOUT 46 YEARS S/O B CHANDAPPA R/AT 3/107, ROSHNI NILAYA CHARUKOTTIGE NEAR OM PAVERS FACTORY KORGI KUNDAPURA UDUPI - 576231 30. PRAJWAL NAYAK AGED ABOUT 30 YEARS S/O PRAKASH NAYAK P 31. MADHUSHREE AGED ABOUT 30 YEARS - 11 - HC-KAR NC: 2026:KHC:3756 MFA No. 7154 of 2023 W/O PRAJWAL NAYAK RESPONDENTS NO. 30 AND 31 ARE R/AT 1-N-33-3003/6 VAIBHAV, KODIKAL ROAD, URWA STORE, ASHOKNAGAR, MANGALURU - 575 006 32. ROOPA S S/O SANJEEVA KAUP AGED ABOUT 45 YEARS R/AT 2-123B, THOKUR (10) HALENGADY - 574 146 MANGALURU 33. SANDHYA AGED ABOUT 31 YEARS W/O VINAYA PRAKASH V R/AT D NO. 2-146/1, SHRI LAKSHMI PRASAD NIVAS KUCCHIGUDDE, KULAI, MANGLAORE - 575019 34. RAGHAVENDRA HEBBAR K.V., AGED ABOUT 39 YEARS S/O K VASUDEVA HEBBAR R/AT 3-104/6, VISHNU NILAYA VISHNUMURTHY TEMPLE ROAD, KULAI, MANGALORE - 575 019 35. VISHWANATH B N S/O LATE BHASKAR NAIR AGED ABOUT 47 YEARS R.AT 7-303, SITE NO 172, 7TH BLOCK KRISHNAPURA, SURATHKAL, MANGALORE - 575014 36. MANOJ P S/O GANAPATHI P AGED ABOUT 46 YEARS R/AT 3-2/5, SHANKARA NILAYA NEAR ANKUR PLAY SCHOOL, KULAI, - 12 - HC-KAR NC: 2026:KHC:3756 MFA No. 7154 of 2023 MANGALORE - 575019 37. DEEPAK R SHETTY S/O BABY R SHETTY AGED ABOUT 40 YEARS R/AT DOOR NO. 5-9-107/8, MATHRU KRIPA NEAR NAGABRAHMA TEMPLE, ALAKE, KODIALBAIL - 575 003 MANGALURU 38. VANISHREE PUTHRAN AGED ABOUT 39 YEARS W/O DEEPAK R SHETTY R/AT DOOR NO 6-37, PUTHRAN NIVAS PLOT NO. 33, KULAI, CHITRAPURA - 575 019 MANGALURU. 39. NAVEEN AGED ABOUT 44 YEARS S/O LATE SHIVAPPA BANGERA R/AT DOOR NO 4-15/1, SRI LAKSHMI KRUPA FISHERIES ROAD, HOSABETTU, KULAI - 575019 MANGALURU 40. H RANJITHA RAO AGED ABOUT 32 YEARS D/O H RAJARAM RAO R/AT 5-189/1, SITE NO.113 5TH BLOCK, KRISHANAPURA, KATIPALLA VILLAGE 575030 MANGALORE TALUK 41. RAJESH RAO AGED ABOUT 46 YEARS S/O ANANTHARAM RAO R/AT 1-29-2437/2 PANCHAVATI HOUSE BEHIND GOKUL HALL ASHOKNAGAR - 13 - HC-KAR NC: 2026:KHC:3756 MFA No. 7154 of 2023 MANGALORE 575006 42. ASHOK ANCHAN AGED ABOUT 51 YEARS S/O LATE MANJAPPA POOJARI R/AT D NO 2-147/2E4 MANJAPPA, POOJARI COMPOUND KULAI, KUCHIGUDDE MANGALURU 575019 43. PRAVEEN S/O LATE SRINIVAS ACHARYA AGED ABOUT 36 YEARS R/AT 2-1, BORUGADDE, ARKULA - 574143 MANGALORE TALUK 44. SESAPPA NAIK N S/O VAMANA NAIK AGED ABOUT 63 YEARS R/AT 2-26/4, GREEN VIEW COMPOUND SANNANAGARA, KULAI MANGALORE - 575019. 45. SUDESH SHENOY S., S/O D SATHISH SHENOY AGED ABOUT 37 YEARS 46. VANDANA S SHENOY AGED ABOUT 35 YEARS W/O SUDEESH SHENOY S RESPONDENTS NO.45 AND 46 ARE R/AT N8-72/2(19) FLAT NO 304, S4 SKY APARTMENT KANA KATLA, ASHRAYA COLONY ROAD, IDDYA, SURATHKAL 575014 MANGALORE …RESPONDENTS (BY SRI. O.SHIVARAMA BHAT, ADVOCATE FOR C/R1, R2, R4, R6 TO R11, R13, R14, R18, R21 AND R22 - 14 - HC-KAR NC: 2026:KHC:3756 MFA No. 7154 of 2023 AND ALSO FOR R16 R17, R25, R26, R28, R30, R31, R32, R33, R35, R37, R43 TO R46; SRI. S.RAJASHEKAR, ADVOCATE FOR C/R23, R29 AND R39; SRI M.SUDHAKAR PAI, ADVOCATE FOR C/R41, R34, R27, R36 AND R42 AND ALSO FOR R24 AND R40; R3, R5, R12, R15, R19, R20 ARE SERVED AND UNREPRESENTED VIDE ORDER DATED 28.01.2025, NOTICE TO R38 IS HELD SUFFICIENT) 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 HEARING, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER: ORAL JUDGMENT Sri.Chandranath Ariga.K., counsel for the appellants, Sri.O.Shivarama Bhat., counsel for caveator/ respondents 1, 2, 4, 6 to 11, 13, 14, 16, 17, 18, 21, 22, 25, 26, 28, 30, 31, 32, 33, 35, 37, 43 to 46, Sri.M.Sudhakar Pai., counsel for caveator/ respondents 41, 34, 27, 36 & 42 in CP No.16159/2023 & also for 24 & 40 and Sri.S.Rajashekar., counsel for caveator/ respondents 23, 29, 39 have appeared in person. 2. The appeal is filed to set-aside the order dated:08.09.2023 passed by the Court of I Addl. Senior Civil Judge and CJM at Mangaluru, D.K., on I.A.No.V in - 15 - HC-KAR NC: 2026:KHC:3756 MFA No. 7154 of 2023 O.S.No.328/2022 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. Sri.Chandranath Ariga.K., counsel for the appellants in presenting his arguments submits that this Court vide order dated:19.12.2023, permitted the respondents to put up construction on the suit schedule property, in accordance with law and they are restrained from alienating the suit schedule property, till the next date of hearing and the interim order is continued as of today. Counsel, therefore, submits that some of the parties to the lis are the senior citizens and the Trial Court may be directed to dispose of the suit as expeditiously as possible and the interim order granted by this Court may be continued till disposal of the suit. Counsel for the respondents though opposed, acknowledges the said submission. - 16 - HC-KAR NC: 2026:KHC:3756 MFA No. 7154 of 2023 5. Taking note of the age of the parties, the appeal is disposed of requesting the Trial Court to dispose of the suit as expeditiously as possible within an outer limit of one year from the receipt of certified copy of this order. Interim order granted earlier by this Court shall continue to operate till the disposal of the suit. 6. With the above observations the appeal is disposed of. Needles to say the Trial Court shall not be influenced by the observations made by the Court in the order passed by the Trial court on I.A.No.5 and dispose of the suit in the merits in accordance with law. 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 MRP List No.: 1 Sl No.: 66