- 1 - NC: 2025:KHC:14401 MFA No.5375 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.5375 OF 2024 (CPC) BETWEEN: 1. SMT. KAMALAMMA W/O LATE B.N. VENKATASWAMY AGE 76 YEARS R/AT NO.1056, BEGUR BENGALURU SOUTH TALUK 560 068. 2. SMT. LALITHA B.V. W/O RAMACHANDRA REDDY D/O LATE B.N. VENKATASWAMY AGE 58 YEARS R/AT NO.777/1, 2ND CROSS KONENA AGRAHARA, VIMANAPURA BENGALURU- NORTH BENGALURU 560 017. 3. SRI. KRISHNA REDDY B.V. S/O LATE VENKATASWAMY B.N. AGED 57 YEARS R/AT NO.1056, BEGUR BANGALORE SOUTH TALUK BANGALORE - 560 068. 4. SMT. SHASHIKALA B.V. W/O NAGABUSHANA REDDY D/O LATE B.N. VENKATASWAMY AGE 56 YEARS R/AT NO.1, 6TH CROSS CHIKKA THAYAPPA REDDY LAYOUT ROOPENA AGRAHARA BOMMANAHALLI BENGALURU 560 068. Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14401 MFA No.5375 of 2024 5. SMT. HAMSAVENI B.V. W/O SUDHARAK D/O LATE B.N. VENKATASWAMY AGE 52 YEARS R/AT D.NO.3, OPP SILK FARM THALLY ROAD, HOSUR KRISHNAGIRI, TAMILNADU 635109. 6. SRI. MANJUNATHA REDDY B.V. S/O LATE VENKATASWAMY B.N. AGE 49 YEARS R/AT NO.1056, BEGUR BENGALURU SOUTH TALUK BENGALURU 560 068. 7. NAGARAJ .M S/O LATE MUNIVENKATAPPA AGE 47 YEARS R/AT NO.1057 NEAR ANJANEYA TEMPLE BEGUR, BANGALORE-560 068. 8. SMT. GIRIJA .M W/O MANJUNATHA REDDY AGE 50 YEARS R/AT NO.44/7, HSR LAYOUT 6TH SECTOR, BOMMANAHALLI BANGALORE 560 068. …APPELLANTS (BY SRI. M. VENKATAPPA, ADV.,) AND: 1. SRI. V. GOPAL REDDY S/O LATE VENKATASWAMY AGE 64 YEARS. 2. SMT. JAYAMMA W/O LATE THIPPA REDDY AGED 62 YEARS. - 3 - NC: 2025:KHC:14401 MFA No.5375 of 2024 3. SMT. SHILPA W/O LATE SURESH AGED 44 YEARS. 4. SHASHANKA S/O LATE SURESH AGED 20 YEARS. 5. HARSHA S/O LATE SURESH AGED 18 YEARS. 6. SMT. SARASWATHI D/O LATE THIPPA REDDY AGED 40 YEARS. 7. SRI. RAMESH S/O LATE THIPPA REDDY AGED 32 YEARS. 8. SMT. JAYAMMA W/O LATE SRINIVASA REDDY AGED 59 YEARS. 9. SRI. SUDHAKAR S/O LATE SRINIVASA REDDY AGED 59 YEARS. 10. SMT. MALA D/O LAE SRINIVAASA REDDY AGED 33 YEARS. 11. SHASHIKUMAR S/O LATE SRINIVASA REDDY AGED 25 YEARS. ALL ARE R/AT BEGUR VILLAGE AND POST BEGUR HOBLI, BANGALORE SOUTH TALUK. …RESPONDENTS - 4 - NC: 2025:KHC:14401 MFA No.5375 of 2024 THIS MFA IS FILED UNDER ORDER 43 RULE 1(d) OF CPC, PRAYING TO CALL FOR THE RECORDS IN CIVIL MISC NO.20/2018 ON THE FILE OF THE HON'BLE II ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT AT BENGALURU, AND SET ASIDE THE ORDER DATED 27.06.2024 AND THEREBY SET ASIDE THE JUDGMENT AND DECREE DATED 06.12.2017 PASSED BY THE HON'BLE II ADDL. SENIOR CIVIL JUDGE BENGALURU RURAL DISTRICT AT BENGALURU IN O.S.NO.1362/2011 BY DECREEING THE SUIT OF THE PLAINTIFFS AND DISMISSING THE COUNTER CLAIM SUIT OF THE DEFENDANTS NO.1 & 2 AND GRANT SUCH OTHER AND FURTHER RELIEF AS THIS HON'BLE COURT DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The impugned order challenged is the order passed by the Court of II Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru. Therefore, the appeal is not maintainable in this Court. Hence, the appeal is dismissed as not maintainable by upholding the office objection. However, liberty is reserved to file the appeal before the appropriate forum as per law. - 5 - NC: 2025:KHC:14401 MFA No.5375 of 2024 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.: 9