- 1 - NC: 2025:KHC:6419 MFA No. 1042 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN MISCELLANEOUS FIRST APPEAL NO. 1042/2025 (CPC) BETWEEN: SRI RAMU M S/O LATE. MANCHAIAH AGED ABOUT 51 YEARS R/AT 609, 2ND BLOCK, BELAVADI MAIN ROAD, BELAVADI VILLAGE AND POST, YELAWALA HOBLI, MYSORE TALUK AND DISTRICT. …APPELLANT (BY SRI. SHANKARAPPA G S, ADVOCATE-ABSENT) AND: 1. SRI LAKSHMANA S/O LATE. MANCHAIAH AGED ABOUT 49 YEARS R/AT 631, 2ND BLOCK, BELAVADI MAIN ROAD, BELAVADI VILLAGE AND POST, YELAWALA HOBLI, MYSORE TALUK AND DISTRICT. 2. SMT. PUTTASIDDAMMA W/O LATE. MANCHAIAH AGED ABOUT 74 YEARS R/AT 609, 2ND BLOCK, BELAVADI MAIN ROAD, BELAVADI VILLAGE AND POST, YELAWALA HOBLI, MYSORE TALUK AND DISTRICT. …RESPONDENTS (NIL) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6419 MFA No. 1042 of 2025 THIS MFA IS FILED U/O.43 RULE 1(R) R/W SECTION 104 OF CPC, IS PLEASED TO SET ASIDE THE IMPUGNED ORDER DATED: 04.07.2024 IN O.S NO.152/2022 PASSED ON I.A. NO.1 BY THE IV ADDL. SENIOR CIVIL JUDGE AND JMFC AT MYSORE AND REJECT THE APPLICATION FILED BY THE 1ST RESPONDENT/PLAINTIFF UNDER ORDER 39 RULE 1 & 2 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.NATARAJAN ORAL JUDGMENT Learned counsel for appellant absent. Office has raised objections regarding maintainability of the appeal. As the valuation of the subject matter is below Rs.10 Lakhs, the order passed by IV Addl.Senior Civil Judge and JMFC, Mysuru, lies to the District Judge, Mysuru, in view of Section 19(1) of the Karnataka Civil Court Act. Such being the case, appeal filed by the appellant is dismissed. - 3 - NC: 2025:KHC:6419 MFA No. 1042 of 2025 Office is directed to return the certified copy of the judgment to the learned counsel for the appellant, in order to file the same before the District Judge. The time spent before this Court is exempted under Section 14 of Limitation Act. Sd/- (K.NATARAJAN) JUDGE RR List No.: 1 Sl No.: 15