- 1 - HC-KAR NC: 2025:KHC:34945 MFA No. 6543 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 6543 OF 2025 (CPC) BETWEEN: 1. SRI D.K. NARAYANASWAMY S/O LATE MUNIYAPPA @ KAKEPPA AGE ABOUT 57 YEARS 2. SRI VEERANNA @ ERAPPA S/O LATE MUNIYAPPA @ KAKEPPA AGE ABOUT 42 YEARS BOTH ARE R/AT DINNERI HAROHALLI VILLAGE, MALUR TALUK - 563 130 …APPELLANTS (BY SRI. MURALI N., ADVOCATE) AND: 1. SMT PUTTAMMA W/O LATE MUNIYAPPA @ KAKEPPA AGED ABOUT 77 YEARS, 2. BABY D/O. LATE MUNIYAPPA @ KAKEPPA AGED ABOUT 47 YEARS RESPONDENTS NO.1 AND 2 ARE R/AT DINNERI HAROHALLI VILLAGE, MASTHI HOBLI, MALUR TALUK - 563 130 3. SRI.NAGARAJ, S/O LATE CHINNAPPA, AGED ABOUT 60 YEARS, Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34945 MFA No. 6543 of 2025 4. SRI NAGARAJ S/O LATE CHINNAPPA, AGED ABOUT 60 YEARS, RESPONDENTS NO.3 AND 4 ARE R/AT CHOODAGONDAHALLI VILLAGE, LAKKUR HOBLI, MALUR TALUK - 563 130 4. SRI.S.C.RAMAKRISHNAPPA S/O LATE CHINNAPPA, AGED ABOUT 55 YEARS, 5. SMT VIJAYAMMA D/O LATE CHINNAPPA, AGED ABOUT 57 YEARS, RESPONDENTS NO.4 TO 5 ARE R/AT SANTHEHALLI VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT - 563 101 6. SRI.SURESH, S/O LATE VENKATESHAPPA AND LATE AKKAMMA, AGED ABOUT 48 YEARS, R/AT NO.78, BEHIND SHANIMAHATMA TEMPLE, B. NARAYANAPURA, BANGALORE - 560 016 …RESPONDENTS THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED 03.06.2025 PASSED ON IA NO.2 IN O.S.NO.105/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MALUR, REJECTING THE IA.NO.2 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC, 1908. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:34945 MFA No. 6543 of 2025 CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The plaintiff's share is valued at Rs.10,00,000/-. Therefore, the appeal is maintainable before the District Court as per Section 19(1) of the *Karnataka Civil Courts Act, 1964. Hence, the appeal is dismissed as not maintainable before this Court with liberty to file appeal before the District Court. 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. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE KA List No.: 1 Sl No.: 32 CT-SG * corrected vide chamber orders dated 17/09/2025.