- 1 - HC-KAR NC: 2025:KHC:36209 MFA No. 899 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.899 OF 2025 (CPC) BETWEEN: 1. SMT. YASHODHA, W/O MAHESH, AGED ABOUT 38 YEARS, R/AT. ADEHALLI VILLAGE, SAVASHIHALLI POST, MADIHALLI HOBLI, BELUR TALUK, HASSAN DISTRICT-573115. …APPELLANT (BY SRI. SATHISHA D.J., ADVOCATE) AND: 1. SRI. B.R. MALLIKARJUNA, S/O RAMAKRISHNAIAH, AGED ABOUT 54 YEARS, R/AT TEMPLE ROAD, KOTE, BELUR TOWN, BELUR TALUK, HASSAN DISTRICT-573 115. 2. SMT. JAVARAMMA, W/O PUPPAIAH, AGED ABOUT 68 YEARS, R/AT. KUDLUR VILLAGE, YAMASANDI POST, KASABA HOBLI, BELUR TALUK, HASSAN DISTRICT-573 115. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36209 MFA No. 899 of 2025 3. SRI. DHARMARAJU, S/O PUPPAIAH, AGED ABOUT 40 YEARS, R/AT. KUDLOR VILLAGE, YAMASANDI POST, KASABA HOBLI, BELUR TALUK, HASSAN DISTRICT-573115. …RESPONDENTS THIS MFA IS FILED UNDER ORDER 43 RULE 1(d) OF CPC, AGAINST THE ORDER DATED 01.08.2024 PASSED IN CIVIL. MISC.NO.3/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, BELUR, DISMISSING THE PETITION FILED UNDER ORDER 9 RULE 13 OF CPC. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The subject matter of the suit is valued at Rs.7,00,000/- as per the valuation slip attached to the plaint. Therefore, the appeal is maintainable before the District Court as per Section 19(1) of the Karnataka Civil Courts Act, 1964. 2. Hence, the appeal is dismissed as not maintainable before this Court. However, liberty is - 3 - HC-KAR NC: 2025:KHC:36209 MFA No. 899 of 2025 reserved to the appellant to file appeal before the appropriate Forum. 3. The time spent for prosecuting the appeal before this Court is excluded for the purpose of limitation as per Section 14 of the Limitation Act, 1963. 4. Registry is directed to return all the original copies to the appellant. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MD List No.: 1 Sl No.: 11