- 1 - HC-KAR NC: 2026:KHC:7541 MFA No. 3870 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.3870 OF 2019 (CPC) BETWEEN: SMT. SUNANDA G AGED ABOUT 42 YEARS, W/O LAVA N.G., R/AT BASAVANAHALLI VILLAGE, KASABA HOBLI, NELEMANGALA TALUK, BENGALURU RUAL DISTRICT-562 123. …APPELLANT (BY SRI. VIVEK, ADVOCATE FOR SRI. ABHINAV RAMANAND A., ADVOCATE) AND: 1. SMT. THIMMAKKA AGED ABOUT 70 YEARS, W/O GOWDAIAH, R/AT CHIKKATUMKURU VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561 203. 2. SRI. MUNIYAPPA, AGED ABOUT 82 YEARS, S/O LATE MAREGOWDA, THIPPAPURA VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561 203. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7541 MFA No. 3870 of 2019 3. SRI. ANJANEYA AGED ABOUT 50 YEARS, S/O MUNIYAPPA, THIPPAPURA VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561 203. 4. SMT. AKKAMMA, AGED ABOUT 52 YEARS, W/O RAMANJINAPPAA, R/AT (THOTADA MANE) DODDABELAVANGALA VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561 203. 5. SRI. G. RANGAPPA AGED ABOUT 62 YEARS, S/O LATE GALAPPA, R/AT THIPPAPURA VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561 203. 6. SMT. LAKSHMAMMA AGED ABOUT 77 YEARS, W/O LATE GALAPPA, R/AT THIPPAPURA VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561 203. SINCE DEAD BY HER LRS, RESPONDENT NOS.8 AND 9, 7. SMT. KAMALAMMA, AGED ABOUT 56 YEARS, W/O NARAYANAPPA (KOTE), D/O SMT. LAKSHMAMMA, R/AT DIBBUR VILLAGE, HESARAGHATTA HOBLI, BENGALURU NORTH TALUK-561 203. - 3 - HC-KAR NC: 2026:KHC:7541 MFA No. 3870 of 2019 8. SMT. VISHALAKSHAMMA, AGED ABOUT 54 YEARS, W/O GOPALA KRISHNA, D/O SMT. LAKSHMAMMA, R/AT IYYANAHALLI VILLAGE, DODDABELAVANGALA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561 203. 9. SRI. THIMMAPPA G. AGED ABOUT 52 YEARS, S/O LATE GALAPPA, CHIKKATUMKURU VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561 203. 10. SMT. R. NIRMALA AGED ABOUT 48 YEARS, W/O G. THIMMAPPA, CHIKKATUMKURU VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561 203. …RESPONDENTS (BY SRI. LOKESH M.N., ADVOCATE FOR SRI V. SHIVAKUMAR, ADVOCATE FOR R5; SRI S. SAMARTHA, ADVOCATE FOR R9 & R10; R2 TO R4, R7 AND R8 ARE SERVED AND UNREPRESENTED; VIDE COURT ORDER DATED 03.02.2021, NOTICE TO R1 IS DESPENSED WITH; R6 IS DEAD, R8 AND R9 ARE TREATED AS LRS OF R6) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER XLIII RULE 1(r) OF THE CODE OF CIVIL PROCEDURE, 1908. - 4 - HC-KAR NC: 2026:KHC:7541 MFA No. 3870 of 2019 THIS MISCELLANEOUS FIRST APPEAL IS LISTED FOR ADMISSION, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER: ORAL JUDGMENT5 Sri.Vivek, counsel on behalf of Sri.Abhinav Ramanand A., for the appellant and Sri.Lokesh M.N., counsel on behalf of Sri.V.Shivakumar, counsel for respondent No.5 appeared in person. The appeal is filed to set aside the order dated 02.02.2019 passed by the Court of Senior Civil Judge and JMFC, Doddaballapura on I.A.No.1 in O.S.No.57 of 2017. 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. Counsel for the appellant further submits that the interim order granted by this Court may be continued to operate till the disposal of the suit. 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 - 5 - HC-KAR NC: 2026:KHC:7541 MFA No. 3870 of 2019 receipt of certified copy of the order and without getting influenced by the observation and the findings recorded in the impugned order. 4. The interim order granted by this Court on 17.03.2021 shall continue to operate till the disposal of the suit. 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.: 38