- 1 - NC: 2025:KHC:14397 MFA No.5184/2024 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.5184/2024 (CPC) BETWEEN: 1. SMT. SANNAMMA W/O LATE VENKATASWAMY AGED ABOUT 58 YEARS. 2. SRI. VENKATESH S/O LATE GOPALABHOVI AGED ABOUT 51 YEARS. 3. SRI. CHINNAPPA S/O LATE GOPALABHOVI AGED ABOUT 49 YEARS. 4. SADANNA S/O LATE DASAPPA AGED ABOUT 39 YEARS. 5. SRI. ASHWATH S/O LATE DASAPPA AGED ABOUT 37 YEARS. ALL ARE RESIDING AT NO.8, B PALYA, SHESHAGIRIPURA RAMOHALLI POST CHIKKABALLAPURA DHAKALE TAVAREKERE HOBLI BANGALORE SOUTH TALUK. …APPELLANTS (BY SRI. DANAPPA PRADHANAPPA PANIBHATI, ADV.,) Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14397 MFA No.5184/2024 AND: 1. SMT. INDIRA RANGASWAMY W/O RANGASWAMY AGED ABOUT 63 YEARS R/AT NO. HIG-42, KHB COLONY, BASAVESHWARANAGAR BENGALURU-560 079. 2. SMT. S. YASHODA W/O B.T. GOPINATH AGED ABOUT 69 YEARS R/AT NO.2924, E/31 WEST OF CHORD ROAD VIJAYANAGAR, BANGALORE-560040. …RESPONDENTS THIS MFA IS FILED U/O 43 RULE 1(V) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 16.02.2024 PASSED BY THE II ADDL. CIVIL JUDGE & JMFC, MAGADI, IN O.S.NO.191/2022 DISMISSING THE I.A.NO.I UNDER ORDER 39 RULE 1 & 2 AND R/W 151 OF CR.P.C. RESTRAINING THE DEFENDANTS NOT TO INTERFERING THE PEACEFUL POSSESSION OF THE PLAINTIFF PROPERTY & ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:14397 MFA No.5184/2024 CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The impugned order challenged is the order passed by the Court of II Additional Civil Judge & JMFC, Magadi. Hence, the appeal is not maintainable in this Court. Therefore, the appeal is dismissed as not maintainable before this Court. However, liberty is reserved to file the appeal before 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 appellants. SD/- (HANCHATE SANJEEVKUMAR) JUDGE BSR List No.: 1 Sl No.: 7