- 1 - HC-KAR NC: 2025:KHC:28484 MFA No. 5526 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 5526 OF 2025 (CPC) BETWEEN: LANCY FERNANDES S/O LATE ROSARIO FERNANDES AGED 60 YEARS RESIDING AT BAREBAIL KADRI VILLAGE, BEJAI POST MANGALORE 575 004 …APPELLANT (BY SRI. PRASHANTH CHANDRA S.N, ADVOCATE) AND: 1. D. ALEXANDER D SOUZA S/O LATE JOSEPH D'SOUZA AGED 70 YEARS RESIDING AT 'HALLELUIA' YEYYADI-BALEBAIL ROAD YEYYADI, KONCHADY POST MANGALORE - 575 008 2. VINUTHA W/O SANJAY SANIL AGED 46 YEARS 3. BABITA W/O SATHISH KULAL AGED 44 YEARS Digitally signed by ANJALI M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28484 MFA No. 5526 of 2025 4. PRASHANTH S/O LATE UMANATH SRIYAN AGE 43 YEARS …RESPONDENTS THIS MFA IS FILED U/O 43 RULE 1 OF CPC, AGAINST THE ORDER DATED 03.04.2025 PASSED IN EX.C.NO. 101/2021 ON THE FILE OF THE III ADDITIONAL CIVIL JUDGE AND JMFC, MANGALURU, DAKSHINA KANNADA, PARTLY DECREEING THE SUIT FILED UNDER ORDER XXI RULE 97 READ WITH SECTION 151 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL JUDGMENT Learned counsel for the appellant submits that, challenging the impugned order, the appellant ought to have preferred regular appeal before the appropriate Court, but wrongly, Miscellaneous First Appeal is filed before this Court. He fairly submits that, the appeal be returned for filing before the appropriate Court. His submission is placed on record. - 3 - HC-KAR NC: 2025:KHC:28484 MFA No. 5526 of 2025 In view of the submission of learned counsel for the appellant, the appeal is returned to the appellant to present before the appropriate Court. Sd/- (RAMACHANDRA D. HUDDAR) JUDGE AM List No.: 1 Sl No.: 2 - 4 - HC-KAR NC: 2025:KHC:28484 MFA No. 5526 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU [LANCY FERNANDES VS. D ALEXANDER D SOUZA AND OTHERS] 11.08.2025 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL ORDER ON I.A.NO.2/2025 Heard learned counsel for the appellant. It is submitted that, at the time of passing the judgment in this appeal in page No.3, it is ordered that appeal be returned to the appellant to present before the appropriate Court. It is submitted that, now the appellant is unable to appear and get return the appeal memo so as to present the same before the appropriate Court, because of his ill-health. It is submitted that, the learned counsel for the appellant be permitted to take back the appeal memo to present before the appropriate Court. Accordingly, learned counsel for the appellant on record is permitted to take back the appeal memo on behalf of the appellant to present before the appropriate Court. - 5 - HC-KAR NC: 2025:KHC:28484 MFA No. 5526 of 2025 This order shall be read as part of this Court's order dated 25.07.2025. Sd/- (RAMACHANDRA D. HUDDAR) JUDGE AM List No.: 2 Sl No.: 2