- 1 - NC: 2025:KHC:3710 MFA No. 6267 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN MISCELLANEOUS FIRST APPEAL NO. 6267 OF 2024 (CPC) BETWEEN: 1. SUBBANNA, S/O LATE CHOWDAPPA, AGED ABOUT 55 YEARS. 2. GANGAPPA, S/O LATE CHOWDAPPA, AGED ABOUT 52 YEARS. APPELLANT 1 & 2 ARE R/AT: SHIRAVARA VILLAGE, TUBAGERE HOBLI, DODDABALLAPURA TALUK-561 203. …APPELLANTS (BY SRI PUSHPAHASA R, ADVOCATE) AND: 1. VENKATA SWAMY, S/O LATE DODDAPILLAPPA, AGED ABOUT 50 YEARS. 2. SUNIL H.V, S/O VENKATA SWAMY, AGED ABOUT 57 YEARS. RESPONDENTS 1 & 2 ARE R/AT M. HOSAHALLI, MANCHENAHALLI, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT-562 101. 3. SMT. SUMA.H.V, Digitally signed by NANDINI R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3710 MFA No. 6267 of 2024 W/O PRAVEENA, AGED ABOUT 29 YEARS, R/AT NO. 1575, PRAKRUTHI NILAYA, 3RD MAIN ROAD, KURUBARA PETE, KOLAR TOWN-563 101. 4. SMT. PUTTAMMA, W/O RANGA SWAMY, D/O LATE CHOWDAPPA, AGED ABOUT 50 YEARS, R/AT HOSAHALLI VILLAGE, SASALU HOBLI, DODDABALLAPURA TALUK-561 203. 5. SMT. VENKATAMMA, W/O PILLAPPA, D/O LATE CHOWDAPPA, AGED ABOUT 49 YEARS, R/AT MAJARA HOSAHALLI VILLAGE, TUBAGERE HOBLI, DODDABALLAPURA TALUK-561 203. 6. SMT. SUBBAMMA @ SUMA, W/O ASWATHAPPA, D/O LATE CHOWDAPPA, AGED ABOUT 40 YEARS, RA/T BASAVAPURA VILLAGE, KALLANGAYAKANAHALLI POST, TONDEBAVE HOBLI, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT-562 101. …RESPONDENTS THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 22.07.2024 PASSED ON IA.NO.1 AND 7 IN OS.NO.441/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, DODDABALLAPURA, ALLOWING THE IA.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC AND DISMISSING THE IA.NO.7 FILED UNDER ORDER 39 RULE 4 R/W SECTION 151 OF CPC. - 3 - NC: 2025:KHC:3710 MFA No. 6267 of 2024 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.NATARAJAN ORAL JUDGMENT Office has raised objection regarding maintainability of the appeal. At this stage, the learned counsel for the appellants filed a memo for withdrawing the appeal with liberty to file the same before the jurisdictional Court. 2. Submission and the memo is placed on record. 3. The appeal is dismissed as withdrawn with liberty to file the same before the appropriate jurisdictional Court. 4. The appellants are entitled for exemption under Section 14 of the Limitation Act. Sd/- (K.NATARAJAN) JUDGE tsn* List No.: 1 Sl No.: 13