Full Judgment Text
- 1 -
NC: 2026:KHC:6872
MFA No. 6142 of 2021
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 5 DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MS. JUSTICE JYOTI M
MISCELLANEOUS FIRST APPEAL NO.6142 OF 2021 (CPC)
BETWEEN:
SRI. B. ASWATHNARAYANA
SON OF LATE BACHEGOWDA,
AGED ABOUT 52 YEARS,
TH
RESIDING NO.2224, 16 C CROSS,
TH
8 MAIN, 'D' BLOCK,
SAHAKARANAGAR,
BENGALURU-560092.
…APPELLANT
(BY SRI. T.P.SRINIVASA, ADVOCATE FOR
SRI. S. VENUGOPALA, ADVOCATE)
AND:
SRI. N.MURTHY
SON OF SRI NARASIMHAIAH,
AGED ABOUT 70 YEARS,
REIDING AT NO.2236,
TH TH
16 'B' CROSS, 8 MAIN ROAD,
D BLOCK, SAHAKARANAGAR
BENGALURU-560092.
…RESPONDENT
(BY SRI. NAGENDRA KUMAR K., ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
Digitally signed by
PREMCHANDRA M R
Location: HIGH
COURT OF
KARNATAKA
SECTION 104 READ WITH ORDER 43 RULE 1(r) OF THE CODE
OF CIVIL PROCEDURE, 1908.
- 2 -
NC: 2026:KHC:6872
MFA No. 6142 of 2021
HC-KAR
THIS MISCELLANEOUS FIRST APPEAL IS LISTED FOR
HEARING, THIS DAY, THE JUDGMENT IS DELIVERED AS
UNDER:
ORAL JUDGMENT
Sri.T.P.Srinivasa., counsel on behalf of Sri.S.Venugopala.,
for the appellant and Sri.Nagendra Kumar.K., counsel for the
respondent have appeared in person.
2. The appeal is filed to set aside the order dated
08.11.2021 passed by the Court of XIX Addl. City Civil and
Sessions Judge, Bengaluru City on I.A.No.1 in
O.S.No.3874/2021.
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.
- 3 -
NC: 2026:KHC:6872
MFA No. 6142 of 2021
HC-KAR
With the above observations, the appeal is disposed of .
The interim order granted by this Court on 15.12.2021 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.: 67
NC: 2026:KHC:6872
MFA No. 6142 of 2021
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 5 DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MS. JUSTICE JYOTI M
MISCELLANEOUS FIRST APPEAL NO.6142 OF 2021 (CPC)
BETWEEN:
SRI. B. ASWATHNARAYANA
SON OF LATE BACHEGOWDA,
AGED ABOUT 52 YEARS,
TH
RESIDING NO.2224, 16 C CROSS,
TH
8 MAIN, 'D' BLOCK,
SAHAKARANAGAR,
BENGALURU-560092.
…APPELLANT
(BY SRI. T.P.SRINIVASA, ADVOCATE FOR
SRI. S. VENUGOPALA, ADVOCATE)
AND:
SRI. N.MURTHY
SON OF SRI NARASIMHAIAH,
AGED ABOUT 70 YEARS,
REIDING AT NO.2236,
TH TH
16 'B' CROSS, 8 MAIN ROAD,
D BLOCK, SAHAKARANAGAR
BENGALURU-560092.
…RESPONDENT
(BY SRI. NAGENDRA KUMAR K., ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
Digitally signed by
PREMCHANDRA M R
Location: HIGH
COURT OF
KARNATAKA
SECTION 104 READ WITH ORDER 43 RULE 1(r) OF THE CODE
OF CIVIL PROCEDURE, 1908.
- 2 -
NC: 2026:KHC:6872
MFA No. 6142 of 2021
HC-KAR
THIS MISCELLANEOUS FIRST APPEAL IS LISTED FOR
HEARING, THIS DAY, THE JUDGMENT IS DELIVERED AS
UNDER:
ORAL JUDGMENT
Sri.T.P.Srinivasa., counsel on behalf of Sri.S.Venugopala.,
for the appellant and Sri.Nagendra Kumar.K., counsel for the
respondent have appeared in person.
2. The appeal is filed to set aside the order dated
08.11.2021 passed by the Court of XIX Addl. City Civil and
Sessions Judge, Bengaluru City on I.A.No.1 in
O.S.No.3874/2021.
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.
- 3 -
NC: 2026:KHC:6872
MFA No. 6142 of 2021
HC-KAR
With the above observations, the appeal is disposed of .
The interim order granted by this Court on 15.12.2021 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.: 67