- 1 - NC: 2025:KHC:14865 RFA No. 852 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 852 OF 2025 (PAR-) BETWEEN: MR P. ANTHONY RAJ, S/O LATE PAPANNA @ PAPAIAH, AGED ABOUT 48 YEARS, R/AT DODDABASAVANAPURA VILLAGE, K. R. PURAM HOBLI, BENGALURU EAST TALUK. …APPELLANT (BY SRI. SAMEER S. N., ADVOCATE) AND: 1. SMT. LOURD MARY, W/O BALARAJ, AGED ABOUT 51 YEARS, 2. SMT. POULINE, W/O MR WILLIAMS, AGED ABOUT 41 YEARS, RESIDING AT SIGEHALLI VILLAGE, VIRGO NAGAR POST, BENGALURU - 49 3. PHLOMINAMMA (NOW DEAD) W/O LATE PAPANNA @ PAPAIAH, AGED ABOUT 79 YEARS, DODDABASAVANAPURA VILLAGE, K. R. PURAM HOBLI, BENGALURU EAST TALUK 4. SMT. P. NAKSHATRA, W/O MR PIUS, AGED ABOUT 43 YEARS, R/AT SIGEHALLI VILLAGE, VIRGONAGAR POST, BENGALURU-49 Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - NC: 2025:KHC:14865 RFA No. 852 of 2025 5. SMT SUSENA MARRY W/O LATE ALPHONSERAJ, AGED ABOUT 51 YEARS, 6. MR. MARRY SUSAN, S/O LATE ALPHONSERAJ, AGED ABOUT 33 YEARS, 7. MR. GNANAPRAKASH, S/O LATE ALPHONSERAJ, AGED ABOUT 31 YEARS, 8. MR. PRAVEEN KUMAR, S/O LATE ALPHONSERAJ, AGED ABOUT 30 YEARS, 9. MR P. ABRAHAM, S/O LATE PAPANNA @ PAPAIAH, AGED ABOUT 44 YEARS, 10. SMT. MICHEL RANI, W/O RUFFEL RAJANNA, AGED ABOUT 57 YEARS, R/AT SIGEHALLI VILLAGE, VIRGO NAGAR POST, BENGALURU-49 11. MR D. VENKATESH, S/O CHIDKKAVENKATASWAMY, AGED ABOUT 54 YEARS, R/AT BRUNDA NILAYA, DEVASANDRA, K. R. PURAM, BENGALURU 12. MR. G. PRABHAKAR, S/O G. OBALESH, AGED MAJOR, R/AT DEVASANDRA, K. R. PURAM, BENGALURU 13. MR. VENKATARAMANA S/O A. B. VISWVESHWARA RAO, AGED ABOUT 53 YEARS, R/AT NO.1046, 13TH MAIN, 4TH CROSS, HAL 2ND STAGE, INDIRANAGAR, BENGALURU-38 …RESPONDENTS - 3 - NC: 2025:KHC:14865 RFA No. 852 of 2025 THIS RFA IS FILED UNDER ORDER 41 RULE 1 R/W SECTION 96 OF CPC, AGAINST THE ORDER DATED 26.10.2024 PASSED IN FDP. NO.36/2021 ON THE FILE OF THE IV ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, REJECTING THE COMMISSIONER REPORT DATED 07.02.2023 FILED BY ADLR, BENGALURU EAST TALUK. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT In this appeal, appellant seeks for the following reliefs: “a) Set aside the judgment and decree of the Hon’ble IV Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru in F.D.P.No.36/2021 dated 26.10.2024. b) Pass any other order as this Hon’ble Court deems fit to grant in the facts and circumstances of this case in the ends of justice and equity.” 2. After arguing the matter for sometime, learned counsel for the appellant submits that the appeal may be disposed of reserving liberty in favour of the appellant to file appropriate appeal before the jurisdictional District Court, which may be directed to dispose of the appeal in accordance with law. - 4 - NC: 2025:KHC:14865 RFA No. 852 of 2025 3. The aforesaid submission is placed on record. 4. In view of the aforesaid submission, appeal is disposed of by reserving liberty in favour of the appellant to file appropriate appeal before the jurisdictional District Court. If such an appeal is filed within a period of six weeks from today, the petitioner would be entitled to the benefit of Section 14 of the Limitation Act. Ordered accordingly. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 55