- 1 - NC: 2025:KHC:14398 MFA No.5066 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.5066 OF 2024 (CPC) BETWEEN: 1. MR. L. VIJAYKUMAR AGED ABOUT 43 YEARS S/O MR. H. LAKKANNAGOWDA R/AT NO.93/2/4/ 4TH MAIN, 4TH B CROSS NEAR ANJANEYA TEMPLE 6TH BLOCK, KATHRIGUPPE BSK III STAGE, BANGALORE -560085. 2. MR. M. MANJUNATH AGED ABOUT 48 YEARS S/O LATE MARIYAPPA R/AT NO.5/3/2, OLD GRAMATANA AREHALLI VILLAGE SUBRAMANYAPURA POST UTTARAHALLI HOBLI BANGALORE-560061. …APPELLANTS (BY SRI. MAHESH B.J. ADV.,) AND: 1. MRS. N.S. GEETHA AGED ABOUT 70 YEARS W/O MR. H.R. SUDARSHAN PRASAD R/AT NO.B-1003 CHARTERED BEVERLY HILLS SUBRAMANYAPURA BANGALORE-560061. Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14398 MFA No.5066 of 2024 2. MRS. CHOWDAMMA AGED ABOUT 73 YEARS W/O LATE V. KRISHNAPPA. 3. MR. K. MARIYANNA AGED ABOUT 50 YEARS S/O LATE V. KRISHNAPPA. 4. MR. K. PARAMESH AGED ABOUT 48 YEARS S/O LATE V. KRISHNAPPA. NOS.2 TO 4 ARE R/OF NO.69, 3RD CROSS NEAR KABBALAMMA TEMPLE AREHALLI MAIN ROAD VADDARAPALYA SUBRAMANYAPURA POST UTTARAHALLI HOBLI BANGALORE-560061. 5. MRS. K. CHANDRAMMA AGED ABOUT 52 YEARS D/O LATE V. KRISHNAPPA W/O MR. B. RAJANNA. 6. KUM. BINDUSHREE .R AGED ABOUT 24 YEARS D/O MR. B. RAJANNA. 7. KUM. DIKSHITHA .R AGED ABOUT 19 YEARS D/O MR. B. RAJANNA. NOS.5 TO 7 ARE R/OF NO.151/1, SRINIDHI LAYOUT AREHALLI VILLAGE SUBRAMANYAPURA POST UTTARAHALLI HOBLI BANGALORE-560061. …RESPONDENTS (BY SRI. H. MANJUNATH, ADV., FOR R1) - 3 - NC: 2025:KHC:14398 MFA No.5066 of 2024 THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, PRAYING TO CALL FOR THE RECORDS IN O.S.NO.26542/2023 ON THE FILE OF THE 74TH ADDL. CITY CIVIL AND SESSION JUDGE, MAYOHALL UNIT AT BANGALORE, CCH NO.75. SET ASIDE THE IMPUGNED ORDERS DATED 16.07.2024 PASSED ON I.A.NO.4 FILED BY THE RESPONDENT NO.1 UNDER SECTION 151 OF THE CODE OF CIVIL PROCEDURE IN O.S.NO.26542/2023 PASSED BY THE 74TH ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYOHALL UNIT AT BANGALORE, CCH 75 AND CONSEQUENTLY TO DISMISS I.A.NO.4. & ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The appeal is filed against the order passed on I.A.No.4 filed under Section 151 of CPC directing the jurisdictional police to provide adequate police protection to implement the order of temporary injunction dated 18.12.2023 granted by this Court. 2. The above appeal is filed under Order XLIII Rule 1 (r) read with Section 104 of CPC. 3. If any order is passed on the application filed under Section 151 of CPC, the remedy of appeal is not provided under Order XLIII of CPC. Therefore, the office is - 4 - NC: 2025:KHC:14398 MFA No.5066 of 2024 correct in raising objection regarding maintainability of the appeal. 4. Hence, the appeal filed is not maintainable as per Order XLIII Rule 1 (r) of CPC. Therefore, the appeal is dismissed as not maintainable. However, liberty is reserved to approach the appropriate forum as per law. Registry to return the certified copy of the impugned order by placing copy of the same at the cost of the appellant. SD/- (HANCHATE SANJEEVKUMAR) JUDGE BSR List No.: 1 Sl No.: 6