- 1 - NC: 2025:KHC:2329 MFA No. 3827 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN MISCELLANEOUS FIRST APPEAL NO. 3827 OF 2024 (CPC) BETWEEN: J. LOKANATH GOWDA AGED ABOUT 59 YEARS, S/O LATE JAWAYAIAH, R/AT NO. 27/1, 1ST CROSS, THEOBALD ROAD, NAZARBAD MOHALLA, MYSURU …APPELLANT (BY SRI. C.R. SUBRAMANYA, ADVOCATE) AND: 1. SECRETARY THE CITIZEN HOUSE MORTGAGE AND HOUSING CO-OPERATIVE SOCIETY LTD., CHAMARAJA MOHALA, MYSORE. 2. PRESIDENT THE CITIZEN HOUSE MORTGAGE AND HOUSING CO-OPERATIVE SOCIETY LTD., CHAMARAJA MOHALA, MYSORE. 3. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY MYSORE SUB DIVISION Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:2329 MFA No. 3827 of 2024 PUBLIC OFFICERS BUILDING OPPOSITE TO PALACE MYSORE …RESPONDENTS *** THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 27.02.2024 PASSED ON I.A.NO.1 IN OS.NO.661/2023 ON THE FILE OF THE IV ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MYSURU, DISMISSING THE I.A. FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC. THIS MFA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.NATARAJAN ORAL JUDGMENT Office has raised an objection regarding maintainability of this appeal. 2. Learned counsel for the appellant requests the Court to return back the appeal memorandum with a liberty to file the same before the appropriate Court. 3. The submission of the learned counsel is placed on record. - 3 - NC: 2025:KHC:2329 MFA No. 3827 of 2024 4. Office is directed to return the appeal memo to the learned counsel for appellant. Liberty is reserved to him to file the same before the appropriate Court. 5. For all statistical purposes, this appeal is disposed of. Sd/- (K.NATARAJAN) JUDGE BMV* List No.: 1 Sl No.: 11 CT:SNN