- 1 - NC: 2025:KHC:12944 MFA No. 2237 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.2237 OF 2025 (CPC) BETWEEN: 1. SMT.SANDHYA RANI W/O LATE PUTTA ANANTHA AGED ABOUT 55 YEARS, 2. SRI. VISHWAS S/O LATE PUTTA ANANTHA AGED ABOUT 32 YEARS, BOTH ARE RESIDING AT NO.6416, PATTANAGERE MAIN ROAD, KENCHENAHALLI, RAJA RAJESHWARI NAGAR, BENGALURU - 560 098 BOTH ARE PRESENTLY RESIDING AT NO.140, IV CROSS, MOKSHADHAMA LANE, VIDYAGIRI,CHANDRA LAYOUT, BENGALURU - 560 072. …APPELLANTS (BY SRI. BHANU PRABHA, ADVOCATE) AND: SMT. MEGHANA W/O LATE SRI VISHAL P Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12944 MFA No. 2237 of 2025 AGED ABOUT 26 YEARS, NO.443, BUS STOP ROAD, KENGERI, BENGALURU - 560 60. …RESPONDENT THIS MFA IS FILED UNDER ORDER XLIII RULE 1(r) OF CODE OF CIVIL PROCEDURE, AGAINST THE ORDER DATED 28.02.2025 PASSED ON I.A.NO. 10 IN O.S. NO.3260/2022 ON THE FILE OF THE VI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGLAURU CITY (CCCH-11),DISMISSING THE I.A. NO.10 FILED UNDER ORDER XXXIX OF BHARATHIYA SAKSHA ADHINIYAMA ACT (45 OF INDIAN EVIDENCE ACT) READ WITH SECTION 151 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the appellants has filed a memo stating that the appeal is not maintainable against the impugned order. Therefore, the appeal may be dismissed with a liberty to file writ petition before the appropriate Court. The memo is placed on record. Accordingly, the appeal is dismissed with a liberty to file writ petition before the appropriate Court. Further, the impugned order, certified copy produced in this case - 3 - NC: 2025:KHC:12944 MFA No. 2237 of 2025 shall be returned to the appellants with cost and the said cost to be borne by the appellants. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SSD List No.: 1 Sl No.: 13