- 1 - HC-KAR NC: 2026:KHC:7545 MFA No. 7752 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M MISCELLANEOUS FIRST APPEAL NO.7752 OF 2019 (CPC) BETWEEN: SMT B NIRMALA W/O UMESH K.V AGED ABOUT 44 YEARS R/O NO.747, IDEAL HOME SOCIETY, RAJARAJESHWARI NAGAR, BENGALURU-560 098. …APPELLANT (BY SRI. PRADEEP, ADVOCATE FOR SRI. SHANMUKHAPPA, ADVOCATE) AND: 1. SRI MIRLE VARADARAJ S/O LATE BORE GOWDA AGED ABOUT 56 YEARS 2. SMT. GIRIJA V. RAJ W/O MIRLE VARADARAJ AGED ABOUT 50 YEARS 3. R. MANJUNATH S/O NOT KNOWN TO THE APPELLANT AGED ABOUT 49 YEARS RESPONDENTS NO.1 TO 3 ARE R/AT NO.544, 5TH MAIN, KENGERI SATELLITE TOWN, BENGALURU-560 090. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7545 MFA No. 7752 of 2019 4. SRI PRABIR DATTA S/O SUDHIR DATTA AGED ABOUT 55 YEARS R/O NO.39/86, FIRST "E" CROSS, REMCO LAYOUT, VIJAYANAGAR BENGALURU-560 040. PRESENTLY R/AT NO.213, II CROSS, VIGNESH HEIGHTS, CANARA BANK COLONY, NAGARABAVI, BENGALURU-560 072. …RESPONDENTS (BY SRI. SHARATH S GOWDA, ADVOCATE FOR C/R1; R2, R3 AND R4 ARE SERVED AND UNREPRESENTED) 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 ADMISSION, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER: ORAL JUDGMENT Sri.Pradeep, counsel on behalf of Sri.Shanmukhappa for the appellant and Sri.Sharath S.Gowda, counsel for caveator / respondent No.1 appeared in person. The appeal is filed to set aside the order dated 09.08.2019 passed by the Court of LXVI Additional City Civil Judge and Sessions Judge, Bengaluru (CCH-67) on I.A.No.1 in O.S.No.3188 of 2017. - 3 - HC-KAR NC: 2026:KHC:7545 MFA No. 7752 of 2019 2. Counsel for the respective parties submit 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. 3. 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 observation and the findings recorded in the impugned order. 4. 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.: 41