- 1 - HC-KAR NC: 2026:KHC:6885 MFA No. 7938 of 2024 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.7938 OF 2024 (CPC) BETWEEN: V KRISHNAN S/O N VASUDEVAN AGED ABOUT 49 YEARS R/AT NO.62 RAMAKRISHNA MUTT ROAD HALASURU BENGALURU-560008 …APPELLANT (BY SRI. M.R.RAJAGOPAL, SENIOR COUNSEL FOR SRI. A DHARMESH, ADVOCATE) AND: 1. N VASUDEVAN S/O LATE C M NITHYANANDAM AGED ABOUT 83 YEARS R/AT NO.62 RAMAKRISHNA MUTT ROAD HALASURU BENGALURU-560008 2. N MUTHUKRISHNAN S/O LATE C M NITHYANANDAM AGED ABOUT 81 YEARS C/O N RAJESHWARI NO.21, BOWRING HOSPITAL ROAD BANGALORE-560001 R/AT BANGALORE HOUSE NO.52, BELLE VUE BANK, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6885 MFA No. 7938 of 2024 LOW FELL GATESHEAD, TYNE AND WEAR, UNITED KINGDOM. 3. N VIJAYARAGHAVAN S/O LATE C M NITHYANANDAM AGED ABOUT 78 YEARS R/AT NO.21 BOWRING HOSPITAL ROAD BANGALORE-560001 4. R VIJAYALAKSHMI W/O RONOLD D/O VASUDEVAN AGED ABOUT 60 YEARS R/AT NO.64 RAMAKRISHNA MUTT ROAD HALASURU BENGALURU-560008 5. V RAVI S/O VIJAYARAGHAVAN AGED ABOUT 59 YEARS R/AT NO.21 BOWRING HOSPITAL ROAD BANGALORE-560001 6. V SHANKAR S/O VIJAYARAGHAVAN AGED ABOUT 55 YEARS R/AT NO.21 BOWRING HOSPITAL ROAD BANGALORE-560001 7. RAMYA D/O VIJAYARAGHAVAN AGED ABOUT 50 YEARS R/AT NO.21 BOWRING HOSPITAL ROAD BANGALORE-560001 8. VEDA D/O PADMINI W/O MURALIDHARAN AGED MAJOR R/AT VALLI ILLAM, NO.145 - 3 - HC-KAR NC: 2026:KHC:6885 MFA No. 7938 of 2024 EVERGREEN STREET, 4TH MAIN, UDAYANAGAR BANGALORE-560016 9. NIRMALA D/O PADMINI AGED MAJOR R/AT NO.1-B, 4TH CROSS, WILSON GARDEN BANGALORE-560027 10. SARAVANA S/O PADMINI AND THANGAVELU AGED MAJOR R/AT NO.1-B, 4TH CROSS, WILSON GARDEN BANGALORE-560027 11. MALINIDEVI W/O V R SUNDARA MURTHY D/O LOGANATHAN AGED ABOUT 52 YEARS, R/AT NO.12, INFANTRY ROAD, BANGALORE-560001 12. MADHUSUDHAN S/O LOGANATHAN AGED ABOUT 50 YEARS, R/AT NO.25 NEAR MEENAKSHI TEMPLE, MEENAKSHI LAYOUT, BANNERGHATTA ROAD BANGALORE-560076 13. SYED KHADER MOHIUDDIN FAKHRI S/O SYED ABDUL KHADER FAKHRI AGED ABOUT 79 YEARS R/AT NO.14, 12TH CROSS JAYAMAHAL EXTENSION BENSON TOWN BANGALORE-560046 - 4 - HC-KAR NC: 2026:KHC:6885 MFA No. 7938 of 2024 14. SYED LATEEF MOHIUDDIN FAKHRI S/O SYED ABDUL KHADER FAKHRI AGED ABOUT 76 YEARS R/AT NO.14, 12TH CROSS JAYAMAHAL EXTENSION BENSON TOWN BANGALORE-560046 15. SYED HANEEF MOHIUDDIN FAKHRI S/O SYED ABDUL KHADER FAKHRI AGED ABOUT 73 YEARS R/AT NO.14, 12TH CROSS JAYAMAHAL EXTENSION BENSON TOWN BANGALORE-560046 16. SYED ALTAF MOHIUDDIN FAKHRI S/O SYED ABDUL KHADER FAKHRI AGED ABOUT 71 YEARS R/AT NO.14, 12TH CROSS JAYAMAHAL EXTENSION BENSON TOWN BANGALORE-560046 17. DHANALAXMI W/O P SANTHANAM AGED ABOUT 49 YEARS, R/AT NO.36, RAMAKRISHNA MUTT ROAD HALASURU, BANGALORE-560008 18. GAJALAKSHMI W/O M DHANASHEKAR AGED ABOUT 46 YEARS, R/AT NO.36 RAMAKRISHNA MUTT ROAD HALASURU, BANGALORE-560008 19. MANJULA V PATEL W/O LATE V V PATEL AGED ABOUT 77 YEARS, - 5 - HC-KAR NC: 2026:KHC:6885 MFA No. 7938 of 2024 20. KISHORE V PATEL S/O LATE V V PATEL AGED ABOUT 59 YEARS, 21. ANIL V PATEL S/O LATE V V PATEL AGED ABOUT 53 YEARS, 22. MUKESH V PATEL S/O LATE V V PATEL AGED ABOUT 35 YEARS, 23. G P PATEL S/O P R PATEL AGED ABOUT 68 YEARS, 24. S V PATEL S/O V R PATEL AGED ABOUT 65 YEARS, 25. N P PATEL S/O P R PATEL AGED ABOUT 61 YEARS, RESPONDENTS NO.19 TO 25 ARE R/AT NO. 15, H.SIDDAIAH ROAD, BENGALURU -560027. 26. LALITHA KUMARI W/O LATE C MAHADEVA RAO NAIDU AGED MAJOR 27. C M USHADEVI W/O H SHAMBUGOWDA AGED MAJOR 28. NASREEN JADABABAI @ C M SESHALATHA W/O SYED HESHMATOLLA AGED MAJOR - 6 - HC-KAR NC: 2026:KHC:6885 MFA No. 7938 of 2024 29. MAHESH KUMARI W/O K B PATHI AGED MAJOR RESPONDENTS NO.26 TO 29 R/AT NO.78, 8TH CROSS WILSON GARDEN BANGALORE-560027 30. HAFEEZUR RAHAMAN S/O LATE A ABDUL AZEEZ AGED ABOUT 83 YEARS, R/AT HULKODE ESTATE, AREHALLI HASSAN DISTRICT. 31. SHAFEEQUR RAHAMAN S/O LATE A ABDUL AZEEZ AGED ABOUT 73 YEARS, R/AT UDEVARA ESTATE, AREHALLI HASSAN DISTRICT. 32. NAJEEBUR RAHAMAN S/O LATE A ABDUL AZEEZ AGED ABOUT 68 YEARS, R/AT KADEGARIE ESTATE, AREHALLI HASSAN DISTRICT. 33. ANJANAMMA W/O RAMAMURTHY AGED MAJOR R/AT NO.30/1 RAMAKRISHNA MUTT ROAD HALASURU BANGALORE-560008 34. VIJAYALAKSHMI W/O B SREEDHARA AGED ABOUT 66 YEARS R/AT NO.30 RAMAKRISHNA MUTT ROAD HALASURU - 7 - HC-KAR NC: 2026:KHC:6885 MFA No. 7938 of 2024 BANGALORE-560008 35. DARSHAN SINGH MADHOK S/O LATE M S MADHOK AGED ABOUT 87 YEARS, R/AT NO.207, 16TH CROSS ROAD, VIJAYANAGAR, BANGALORE-560040 36. JAGJIT SINGH S/O J S MADHOK AGED ABOUT 62 YEARS, R/AT NO.207, 16TH CROSS ROAD, VIJAYANAGAR, BANGALORE-560040 37. B S CHADDA S/O GURU BACHAN SINGH CHADDA AGED MAJOR R/AT NO.127, 4TH MAIN, DEFENCE COLONY, INDIRANAGAR BANGALORE-560038 38. M SUBHASH S/O MAHENDRA KUMAR AGED ABOUT 49 YEARS R/AT NO.127, 4TH MAIN, DEFENCE COLONY, INDIRANAGAR BANGALORE-560038 39. J S PRAKASH S/O J SAMPATHRAJ AGED MAJOR R/AT NO.127, 4TH MAIN, DEFENCE COLONY INDIRANAGAR, BANGALORE-560038 40. M/S K H T AGENCIES PVT. LTD., NO.10, MISSION ROAD, BANGALORE-560027 REPRESENTED BY ITS DIRECTOR - 8 - HC-KAR NC: 2026:KHC:6885 MFA No. 7938 of 2024 41. SAWARMAL AGARWAL S/O FAKIRCHAND AGED ABOUT 71 YEARS, R/AT NO.12/3 SADARPATRAPPA ROAD, BANGALORE-560002 42. NIRANJAN S/O LATE Y PURUSHOTHAM AGED ABOUT 58 YEARS, 43. DAYANANDA S/O LATE Y PURUSHOTHAM AGED ABOUT 56 YEARS 44. NIRMALA W/O VEERENDRA D/O LATE Y PURUSHOTHAM AGED ABOUT 52 YEARS RESPONDENTS NO.42 TO 43 ARE R/AT NO.166/7, (OLD NO.167) 4TH CROSS, WILSON GARDEN, BANGALORE-560027 45. SRI RAMACHANDER S/O LATE M KRISHNAMURTHY SINCE DEAD R46 IS TREATED AS LR OF R45 46. SRI SUBBANNA S/O LATE M KRISHNAMURTHY AGED ABOUT 88 YEARS, R/AT NO.167/2008, (OLD NO.168) 4TH CROSS, WILSON GARDEN BANGALORE-560027 47. S RAMU S/O SHOKKALINGAM AGED ABOUT 75 YEARS, R/AT NO.4, 8TH CROSS - 9 - HC-KAR NC: 2026:KHC:6885 MFA No. 7938 of 2024 WILSON GARDEN BANGALORE-560027 …RESPONDENTS (BY SRI. SANDEEP LAHIRI, ADVOCATE FOR C/R2; SRI. H.R.ANANTHAKRISHNAMURTHY, ADVOCATE FOR C/R3; SRI. S.SHIVAPRASAD, ADVOCATE FOR R17; SRI. M.ARUN PONAPPA, ADVOCATE FOR R40; SRI. R.VIJAY KUMAR, ADVOCATE FOR R42 TO R44 AND R46; R1, R6 TO R8, R10, R11, R18 TO R22, R24, R25, R30, R32, R33, R34, ARE SERVED AND UNREPRESENTED; VIDE ORDER DATED 23.09.2025, NOTICE TO R4, R5 AND R9 ARE HELD SUFFICIENT; VIDE ORDER DATED 15.10.2025, NOTICE TO R13 TO R16 AND R35 TO R39 ARE DISPENSED WITH; VIDE ORDER DATED 29.10.2025, R46 IS TREATED AS LR OF DECEASED R45; VIDE ORDER DATED 05.02.2026, NOTICE TO R26 TO R29 AND R12, R23, R30, R31, R40, R41 ARE DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF THE CODE OF CIVIL PROCEDURE. THIS MISCELLANEOUS FIRST APPEAL IS LISTED FOR FINAL HEARING, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER: ORAL JUDGMENT Sri.M.R.Rajagopal., Senior counsel on behalf of Sri.A.Dharmesh., for the appellant and Sri.Sandeep Lahiri., counsel for caveator/ respondent No.2 have appeared in person. - 10 - HC-KAR NC: 2026:KHC:6885 MFA No. 7938 of 2024 Sri.H.R.Ananthakrishna Murhty., counsel for caveator/ respondent No.3 has appeared through video conferencing. Sri.N.Vasudevan - respondent No.1 is physically present before the Court and he has been duly identified. 2. The appeal is filed to set aside the order dated 22.10.2024 passed by the Court of XLIII Additional City Civil and Sessions Judge, Bengaluru (CCH-44) on I.A. in O.S.No.514/2011. After arguing the matter for sometime, 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. 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 one year from the receipt of certified copy of the order and without getting influenced by the observations and the findings recorded in the impugned order. Needless to observe if any applications are filed by the respective parties, the Trial Court is at a liberty to consider - 11 - HC-KAR NC: 2026:KHC:6885 MFA No. 7938 of 2024 those applications in accordance with the law and without getting influenced by the observations and the findings recorded in the impugned order. With the above observations, the appeal is disposed of. The undertaking given by respondent No.3 on 24.04.2025 shall continue to operate till the disposal of the suit. Parties to co- operate for the speedy disposal of the suit. SD/- (JYOTI M) JUDGE MRP List No.: 1 Sl No.: 68.1