- 1 - HC-KAR NC: 2026:KHC:7544 MFA No. 6670 of 2017 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.6670 OF 2017 (CPC) BETWEEN: SMT. MUNIYAMMA W/O KRISHNAPPA AGED ABOUT 57 YEARS R/AT NALLUR VILLAGE CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562 110. …APPELLANT (BY SRI. RAVI PRAKASH V., ADVOCATE) AND: SRI. MUNIVENKATAPPA S/O LATE PILLAIAH AGED ABOUT 62 YEARS R/AT SULIKUNTE VILLAGE, KUNDANA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562 110. …RESPONDENT (VIDE COURT ORDER DATED 17.10.2022 SERVICE OF NOTICE TO RESPONDENTS HELD SUFFICIENT) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 299(5) READ WITH ORDER 43 RULE 1(r) OF THE CODE OF CIVIL PROCEDURE. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7544 MFA No. 6670 of 2017 THIS MISCELLANEOUS FIRST APPEAL IS LISTED FOR ADMISSION, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER: ORAL JUDGMENT Sri.Ravi Prakash V., counsel for the appellant appeared in person. The appeal is filed to set aside the order dated:06.07.2017 passed by the Court of II Additional Senior Civil Judge, Bangalore Rural District, Bengaluru on I.A.No.3 in Miscellaneous No.39 of 2016. 2 Counsel for the appellant has presented several contentions. 3. Heard the arguments and perused the appeal papers with utmost care. 4. A perusal of the impugned order reflects that the appellant herein had filed a miscellaneous petition to set aside the order dated 10.11.2014 passed in P & SC No.2 of 2013. In the miscellaneous petition, the appellant also filed an application under Order XXXIX Rules 1 and 2 of CPC to restrain - 3 - HC-KAR NC: 2026:KHC:7544 MFA No. 6670 of 2017 the respondent from alienating the property. The Trial Court rejected the application. However, in the present appeal, the appellant has filed an application in I.A.No.1/2017, restraining the respondent or anybody claiming through him from alienating the suit schedule property. 5. The respondent was served through paper publication and he has not appeared as a party in-person nor has he engaged the services of an Advocate. 6. This Court vide order dated 03.11.2022 had granted injunction as prayed for in I.A.No.1/2017. Taking note of the interim order granted by this Court, this Court deems it proper to dispose of the appeal and to direct the Trial Court to dispose of the miscellaneous petition as expeditiously as possible from the receipt of certified copy of the order and without getting influenced by the observation and the findings recorded in the impugned order. The interim order granted by this Court shall continue to operate till the disposal of the miscellaneous petition. - 4 - HC-KAR NC: 2026:KHC:7544 MFA No. 6670 of 2017 7. With the above observation, the appeal is disposed of. SD/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 34