- 1 - NC: 2025:KHC:17286 MFA No. 1184 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 1184 OF 2025 (CPC) BETWEEN: 1. SHRI.MUNISHAMAPPA S/O LATE MADDURAPPA AGED ABOUT 80 YEARS, RESIDING AT SARAKARAGUTTAHALLI, (S.GUTTAHALLI) VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT, 2. SHRI. H.MUNIYAPPA, SON OF LATE. VENKATARAMANAPPA, AGED ABOUT 76 YEARS, RESIDING AT SARAKARAGUTTAHALLI, (S.GUTTAHALLI) VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT, SINCE DECEASED BY HIS LRS (YET TO COME ON RECORD, AND LRS APPLICATION IS PENDING BEFORE 1ST APPELLATE COURT) …APPELLANTS (BY SRI. SADASHIVA C.,ADVOCATE) AND: 1. SHRI MUNIYAPPA SON OF LATE HALAPPA, AGED ABOUT 74 YEARS, RESIDING AT SARAKARAGUTTAHALLI, (S.GUTTAHALLI) VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT, 2. SHRI. NAGAPPA, Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17286 MFA No. 1184 of 2025 SON OF LATE HALAPPA, AGED ABOUT 69 YEARS, RESIDING AT SARAKARAGUTTAHALLI, (S.GUTTAHALLI) VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT, 3. SMT. NARAYANAMMA DAUGHTER OF LATE HALAPPA, AGED ABOUT 67 YEARS, RESIDING AT SARAKARAGUTTAHALLI, (S.GUTTAHALLI) VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT, 4. SHRI NARAYANAPPA SON OF LATE HALAPPA, AGED ABOUT 59 YEARS, RESIDING AT SARAKARAGUTTAHALLI, (S.GUTTAHALLI) VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT, 5. SHRI. MARIYAPPA, SON OF LATE HALAPPA, AGED ABOUT 57 YEARS, RESIDING AT SARAKARAGUTTAHALLI, (S.GUTTAHALLI) VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT, 6. SMT LAKSHMAMMA WIFE OF LATE MOOGAPPA, AGED ABOUT 55 YEARS, RESIDING AT SARAKARAGUTTAHALLI, (S.GUTTAHALLI) VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT, 7. MUNIRATHNA, DAUGHTER OF LATE MOOGAPPA, AGED ABOUT 34 YEARS, RESIDING AT SARAKARAGUTTAHALLI, (S.GUTTAHALLI) VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT - 3 - NC: 2025:KHC:17286 MFA No. 1184 of 2025 8. SHASHI @ SHALINI, DAUGHTER OF LATE MOOGAPPA, AGED ABOUT 32 YEARS, RESIDING AT SARAKARAGUTTAHALLI, (S.GUTTAHALLI) VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT 9. RAVIKUMAR, SON OF LATE MOOGAPPA, AGED ABOUT 29 YEARS, RESIDING AT SARAKARAGUTTAHALLI, (S.GUTTAHALLI) VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT 10. SMT. ANJANAMMA, DAUGHTER OF KOORAPPA, AGED ABOUT 64 YEARS, RESIDING AT SARAKARAGUTTAHALLI, (S.GUTTAHALLI) VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT, 11. SMT MUNIYAMMA DAUGHTER OF LATE KENCHAPPA, AGED ABOUT 79 YEARS, RESIDING AT SARAKARAGUTTAHALLI, (S.GUTTAHALLI) VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT 12. SHRI. NAGARAJA, SON OF LATE KENCHAPPA, AGED ABOUT 59 YEARS, RESIDING AT SARAKARAGUTTAHALLI, (S.GUTTAHALLI) VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT, 13. SHRI. KAVERAPPA, SON OF LATE DODDA VENKATARAMANAPPA, AGED ABOUT 54 YEARS, RESIDING AT SARAKARAGUTTAHALLI, (S.GUTTAHALLI) VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, - 4 - NC: 2025:KHC:17286 MFA No. 1184 of 2025 BANGALORE RURAL DISTRICT 14. SHRI. VENKATARAMANAPPA, AGED ABOUT 52 YEARS, SON OF LATE DODDA VENKATARAMANAPPA, RESIDING AT SARAKARAGUTTAHALLI, (S.GUTTAHALLI) VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT, 15. SHRI. NARAYANASWAMY, SON OF LATE. DODDA VENKATARAMANAPPA, AGED ABOUT 49 YEARS, RESIDING AT SARAKARAGUTTAHALLI, (S.GUTTAHALLI) VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT, 16. SMT. CHANNAMMA, WIFE OF LATE DODDA VENKATARAMANAPPA, AGED ABOUT 69 YEARS, RESIDING AT SARAKARAGUTTAHALLI, (S.GUTTAHALLI) VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT, 17. SMT LAKSHMAMMA WIFE OF LATE CHIKKA MUNIYAPPA, AGED ABOUT 44 YEARS, RESIDING AT SARAKARAGUTTAHALLI, (S.GUTTAHALLI) VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT 18. SHRI. MANI, SON OF LATE CHIKKA MUNIYAPPA, AGED ABOUT 44 YEARS, RESIDING AT SARAKARAGUTTAHALLI, (S.GUTTAHALLI) VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT 19. ANJALA DEVI, DAUGHTER OF LATE CHIKKA MUNIYAPPA, AGED ABOUT 24 YEARS, - 5 - NC: 2025:KHC:17286 MFA No. 1184 of 2025 RESIDING AT SARAKARAGUTTAHALLI, (S.GUTTAHALLI) VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT 20. ANIL KUMAR, SON OF LATE CHIKKA MUNIYAPPA, AGED ABOUT 21 YEARS, RESIDING AT SARAKARAGUTTAHALLI, (S.GUTTAHALLI) VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT 21. SHRI. KAVERAPPA, SON OF LATE. DODDA VENKATARAMANAPPA, AGED ABOUT 49 YEARS, RESIDING AT SARAKARAGUTTAHALLI, (S.GUTTAHALLI) VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT 22. SMT. ANJANAMMA, DAUGHTER OF LATE DODDA VENKATARAMANAPPA, AGED ABOUT 39 YEARS, RESIDING AT SARAKARAGUTTAHALLI, (S.GUTTAHALLI) VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT, 23. SMT. MUNIRATHNA, DAUGHTER OF LATE DODDA VENKATARAMANAPPA, AGED ABOUT 37 YEARS, RESIDING AT SARAKARAGUTTAHALLI, (S.GUTTAHALLI) VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT, 24. SMT. BYRAMMA, AGED ABOUT 90 YEARS, WIFE OF LATE MUNIVENKATAPPA, RESIDING AT SARAKARAGUTTAHALLI, KASABA HOBLI, HOSAKOTE TALUK, (S.GUTTAHALLI) VILLAGE, BANGALORE RURAL DISTRICT, 25. SMT. AKKAYAMMA, - 6 - NC: 2025:KHC:17286 MFA No. 1184 of 2025 WIFE OF CHANNA BASAPPA, AGED ABOUT 69 YEARS, RESIDING AT PETTANAHALLI VILLAGE, KASABA HOBLI, DODDA GATTINAGANABBI POST, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT 26. SHRI. ERAPPA, SON OF LATE MUNIVENKATAPPA, AGED ABOUT 67 YEARS, RESIDING AT SARAKARAGUTTAHALLI, (S.GUTTAHALLI) VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT, 27. SMT KEMPAMMA WIFE OF LATE MUNIVENKATAPPA, AGED ABOUT 65 YEARS, RESIDING AT SARAKARAGUTTAHALLI, (S.GUTTAHALLI) VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT, 28. SHRI. SONNAPPA, SON OF LATE MUNIVENKATAPPA, AGED ABOUT 63 YEARS, RESIDING AT SARAKARAGUTTAHALLI, (S.GUTTAHALLI) VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT 29. SHRI. VENKATARAMANASWAMY, SON OF LATE MUNIVENKATAPPA, AGED ABOUT 61 YEARS, RESIDING AT SARAKARAGUTTAHALLI, (S.GUTTAHALLI) VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT 30. SMT. SHARADAMMA, WIFE OF NAGAPPA, AGED ABOUT 58 YEARS, RESIDING AT PETTANAHALLI VILLAGE, KASABA HOBLI, DODDAGATTIGANABBI POST, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT - 7 - NC: 2025:KHC:17286 MFA No. 1184 of 2025 31. SHRI. NAGARAJA, SON OF LATE MUNIVENKATAPPA, AGED ABOUT 56 YEARS, RESIDING AT SARAKARAGUTTAHALLI, (S.GUTTAHALLI) VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT 32. SMT SAVITHRAMMA DAUGHTER OF LATE MUNIVENKATAPPA, AGED ABOUT 54 YEARS, RESIDING AT SARAKARAGUTTAHALLI, (S.GUTTAHALLI) VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT, 33. SMT LAKSHMAMMA DAUGHTER OF LATE MUNIVENKATAPPA, AGED ABOUT 49 YEARS, RESIDING AT SARAKARAGUTTAHALLI, (S.GUTTAHALLI) VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT, 34. SMT RATHNAMMA WIFE OF VENKATARAMANASWAMY, AGED ABOUT 45 YEARS, RESIDING AT SARAKARAGUTTAHALLI, (S.GUTTAHALLI) VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT …RESPONDENTS THIS MFA IS FILED UNDER ORDER 43 RULE 1(a) OF CPC, AGAINST THE ORDER DATED 10.1.2025 PASSED ON I.A. NO. 5 IN R.A.NO.178/2022(OLD NO. 19/2017) ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HOSAKOTE, REJECTING I.A. NO.5 FILED UNDER ORDER XXXIX RULE 1 AND 2 READ WITH SECTION 151 OF CPC AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR - 8 - NC: 2025:KHC:17286 MFA No. 1184 of 2025 ORAL JUDGMENT Office has raised objection regarding maintainability of the appeal, as the valuation of the suit is less than `10 lakhs. Therefore, the instant appeal is not maintainable before this Court. Hence, the appeal is dismissed as not maintainable. 2. Liberty is reserved to file appeal before the appropriate Appellate Court. 3. Office is directed to return all the certified copies to the appellants after placing photocopy of the same at the cost of the appellants. SD/- (HANCHATE SANJEEVKUMAR) JUDGE BS List No.: 1 Sl No.: 5