- 1 - HC-KAR NC: 2025:KHC:24380 MFA No. 4949 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO.4949 OF 2025 (CPC) BETWEEN: 1. SMT. M. ROOPA, D/O. M. RUDRAMANI AGED ABOUT 45 YEARS RESIDING AT NO.1425 TYAGARAJA ROAD 7TH CROSS, K.R. MOHALLA LAKSHMIPURA, MYSORE. 2. SMT. M.R. REKHA D/O. M. RUDRAMANI AGED ABOUT 35 YEARS RESIDING AT MADENAHALLI VILLAGE C.A. KERE HOBLI MADDUR TALUK. …APPELLANTS (BY SRI S.V. THILAKRAJ, ADVOCATE) AND: 1. SRI NAGARAJU S/O. LATE MADEGOWDA AGED ABOUT 63 YEARS RESIDING AT KADUKOTHANAHALLI VILLAGE C.A. KERE HOBLI, MADDUR TALUK MANDYA DISTRICT. 2. SRI M.R. CHETHAN CHANNABASAPPA S/O. M. RUDRAMUNI AGED ABOUT 40 YEARS RESIDING AT MADENAHALLI VILLAGE Digitally signed by SHAKAMBARI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24380 MFA No. 4949 of 2025 C.A. KERE HOBLI, MADDUR TALUK MANDYA DISTRICT. 3. SRI M. RUDRAMUNI S/O. LATE C. MADAPPA AGED ABOUT 70 YEARS RESIDING AT MADENAHALLI VILLAGE C.A. KERE HOBLI, MADDUR TALUK MANDYA DISTRICT. 4. SRI M.R. MALLIKARJUNA S/O. M. RUDRAMUNI AGED ABOUT 40 YEARS RESIDING AT MADENAHALLI VILLAGE C.A. KERE HOBLI, MADDUR TALUK MANDYA DISTRICT. …RESPONDENTS * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, PRAYING TO CALL FOR RECORDS AND SET ASIDE THE ORDER DATED 14-3-2025 IN EX.NO.56 OF 2019 ON I.A.NO.15 ON THE FILE OF THE LEARNED SENIOR CIVIL JUDGE, MADDUR AND ALLOWING THE APPLICATION FILED UNDER ORDER 21 RULE 29 OF CPC. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR - 3 - HC-KAR NC: 2025:KHC:24380 MFA No. 4949 of 2025 ORAL JUDGMENT Learned counsel for the appellant is present and submits that MFA is filed, infact writ petition is ought to have been filed by the appellant and therefore, he prays to dismiss the appeal with a liberty to file writ petition. 2. His submission is placed on record. 3. Accordingly, the appeal is dismissed as not maintainable with a liberty to the appellant to file the writ petition, if so advised. Sd/- (RAMACHANDRA D. HUDDAR) JUDGE PK List No.: 1 Sl No.: 7