[Cites 1, Cited by 0]
Karnataka High Court
V Krishnan vs N Vasudevan on 5 February, 2026
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MFA No. 7938 of 2024
HC-KAR
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
Digitally signed by AGED ABOUT 83 YEARS
PREMCHANDRA M R
R/AT NO.62
Location: HIGH
COURT OF RAMAKRISHNA MUTT ROAD
KARNATAKA 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,
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MFA No. 7938 of 2024
HC-KAR
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
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MFA No. 7938 of 2024
HC-KAR
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
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MFA No. 7938 of 2024
HC-KAR
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,
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MFA No. 7938 of 2024
HC-KAR
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
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MFA No. 7938 of 2024
HC-KAR
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
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MFA No. 7938 of 2024
HC-KAR
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
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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
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MFA No. 7938 of 2024
HC-KAR
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.
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HC-KAR
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
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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
