- 1 - NC: 2025:KHC:2326 MFA No. 8392 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN MISCELLANEOUS FIRST APPEAL NO. 8392 OF 2024 (CPC) BETWEEN: SRI. SESHAPPA S/O VENKATACHALAIAH, SINCE DEED, REPRESENTED BY HIS LRS. 1. SMT. SHANTHAMMA, W/O. SATHYAPRAKASH, AGED ABOUT 58 YEARS, NO.46, CHOUDESHWARI NILAYA, JYOTHI LAYOUT, JARAGANAHALLI, BENGALURU-560 078. 2. SMT. KALAVATHI, W/O. RAVINDRANATH, AGED ABOUT 56 YEARS, NO.147, UMMALU GRAMA, DODDANALLURALLI POST, JADIGENAHALLI HOBLI, HOSKOTE TALUK-562 114 3. SMT. SUDHA, W/O SRINIVAS SUGUR, AGED ABOUT 54 YEARS, NO.226, KEMLIGANAHALLI POST, NANDAGUDI HOBLI, HOSKOTE TALUK-562 114, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:2326 MFA No. 8392 of 2024 BENGALURU RURAL. 4. SMT. SHARADHAMMA, W/O S. RAMANNA AGED ABOUT 52 YEARS, NO.12. GIGANI HOBLI, ANEKAL TALUK, HULIMANGALA POST, BENGALURU 502 100 …APPELLANTS (BY SRI. DESHPANDE AMIT ANAND, ADVOCATE) AND: LATE K. GOPALAKRISHNAMURTHY S/O LATE KESHAVA MURTHY, 1. SMT. JAYAMMA W/O LATE GOPALA KRISHNA MURTHY, AGED ABOUT 77 YEARS. 2. SRI. NAGENDRA S/ O LATE GOPALA KRISHNA MURTHY, AGED ABOUT 60 YEARS. SRI. PADMANABHA S/O LATE GOPALA KRISHNA MURTHY, SINCE DEAD, REP. BY HIS LR'S 3. SMT. G.V. BHARATHI W/O. LATE SRI. PADMANABHA, AGED ABOUT 50 YEARS. 4. MS. RAMYA. K.P., D/O. LATE SRI. PADMANABHA, AGED ABOUT 19 YEARS. - 3 - NC: 2025:KHC:2326 MFA No. 8392 of 2024 5. MASTER RAGHAVENDRA. P S/O. LATE SRI. PADMANABHA AGED ABOUT 15 YEARS. 6. MASTER ADITHYA S/O SRI. LATE PADMANABHA, AGED ABOUT 14 YEARS. THE RESPONDENTS 5 AND 6 ARE MINORS, HENCE THEY ARE REP. BY THEIR MOTHER AND NATURAL GUARDIAN, THE DEFENDANT NO.3. 7. SRI. RAGHUNATH S/O LATE GOPALA KRISHNA MURTHY, AGED ABOUT 55 YEARS. 8. SRI. MANJUNATH S/O. LATE GOPALA KRISHNA MURTHY AGED ABOUT 47 YEARS 9. SRI. PURUSHOTHAM S/O LATE GOPALA KRISHNA MURTHY, AGED ABOUT 50 YEARS 10. SMT. ANUSUYA S/O LATE GOPALAKRISHNA MURTHY, AGED ABOUT 39 YEARS. 11. SRI. K. SREEPADA RAO, S/O LATE KESHAVAMURTHY, AGED ABOUT 79 YEARS. 12. SRI. K. PRANESHA RAO, S/O LATE KESHAVA MURTHY, - 4 - NC: 2025:KHC:2326 MFA No. 8392 of 2024 AGED ABOUT 72 YEARS, ALL ARE RESIDING AT KAMBLIGANAHALLY POST, NANDAGUDI HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT-562 114 13. SRI. K. VEERA REDDY S/O VENKATA REDDY, AGED ABOUT 37 YEARS, R/AT NO. 4/631-7 PATEL ROAD, ARVIND NAGAR, KADAPA, ANDHRA PRADESH-516 001. 14. SRI. G. VISHWANATH REDDY S/O LATE PEDDA SUBBA REDDY, AGED ABOUT 39 YEARS, R/AT NO. 53, ROAD NO.1 KPHD COLONY, KUKKAIPALLY, HYDERABAD - 500 072. 15. SRI. T. SRINIVAS REDDY S/O SATHYNARAYANA REDDY, AGED ABOUT 44 YEARS, R/AT NO.13/89, KODANDARAMAPURAM VILLAGE, GARIDEDIPALLI MANDALAM, NALGONDA DISTRICT, ANDHRA PRADESH-508 201. 16. SMT. GADDAM PADMAJA D/O GADDAM SOBBA REDDY W/O SHRI. S. JAGANMOHAN REDDY, AGED ABOUT 52 YEARS, - 5 - NC: 2025:KHC:2326 MFA No. 8392 of 2024 R/AT ARAKATA VERNOLA (VILLAGE) RAJUPALYAM (MANDALAM) JUMMALAMADAGU (REV. DVN), KADAPA DISTRICT, ANDHRA PRADESH-516 434 17. SMT. MALLAPU SANTHA AGED ABOUT 67 YEARS W/O SHRI. M. SOMI REDDY, R/AT NO. 19-8-82, A-15, YADAV COLONY, R. C. ROAD THIRUPATHI, CHITTOOR DISTRICT-517 501. 18. SRI. MODUGU SRINIVASA REDDY AGED ABOUT 69 YEARS, S/O LATE PITCHI REDDY, R/AT NO.4-111, RENTACHINTALA GUNTUR DISTRICT, ANDHRA PRADESH-577 421. 19. SRI. DUGASANI SUDHAKARA REDDY AGED ABOUT 56 YEARS S/O D. YERRAMA REDDY, R/AT BUDALAVARI PALLI, GOLLAPALLI P.O., B. KOTHAKOTA MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH-505 532. 20. SMT. N. YASHODA AGED ABOUT 57 YEARS W/ SRI. S. M. RAMESH, R/AT SHIVANAPURA NANDAGUDI HOBLI, HOSAKOTE TALUK, - 6 - NC: 2025:KHC:2326 MFA No. 8392 of 2024 BENGALURU RURAL DISTRICT-562 114 21. SRI. P. ABHILASH S/O C. G. PRAKASH ALIAS PRAKASH REDDY, AGED ABOUT 26 YEARS, R/AT NO.28, NEW NO. 48, KAGGADASAPURA, C.V. RAMAN NAGAR POST, BENGALURU - 560 093. …RESPONDENTS *** THIS MFA IS FILED UNDER ORDER 43 RULE 1 OF CIVIL PROCEDURE CODE PRAYING TO A) ALLOW THIS MEMORANDUM OF MISCELLANEOUS FIRST APPEAL B) SET ASIDE THE IMPUGNED ORDER DATED 09.07.2024 PASSED ON I.A.NO.1/2024 IN O.S.NO.2516/2022 C/W.O.S.NO.3585/2022 (OLD NO.90/1990 C/W. O.S.NO.195/1995) ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, HOSAKOTE, AND CONSEQUENTLY TO ALOW I.A.NO.1/2024 FILED BY THE PLAINTIFFS/APPELLANTS WITH EXEMPLARY COSTS, IN THE INTEREST OF JUSTICE AND EQUITY; THIS MFA COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.NATARAJAN ORAL JUDGMENT Office has raised an objection regarding maintainability of this appeal, as the value of the property before the Trial Court is below `10,00,000/-. - 7 - NC: 2025:KHC:2326 MFA No. 8392 of 2024 2. Learned counsel for the appellants requests the Court to return back the appeal memorandum with a liberty to file the same before the District Court (Rural). 3. The submission of the learned counsel is placed on record. 4. Office is directed to return the appeal memo to the learned counsel for appellants. Liberty is reserved to the learned counsel to file the same before the appropriate Court. 5. For all statistical purposes, this appeal is disposed of. The appellants are entitled for exemption of limitation. Sd/- (K.NATARAJAN) JUDGE BMV* List No.: 1 Sl No.: 18 CT:SNN