- 1 - HC-KAR NC: 2025:KHC:37001 MFA No. 6301 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 6301 OF 2025 (CPC) BETWEEN: UMASHANKAR S/O LATE S. R. MAHANTAPPA, AGED ABOUT 61 YEARS, R/O SIDIGALALE VILLAGE, NIDTHE POST, SOMWARPET TALUK, KODAGU DISTRICT - 560078. …APPELLANT (BY SRI. K.L. SREENIVAS, ADVOCATE) AND: SMT. THANUJA W/O SHANMUKESH, D/O LATE GURUSIDDAPPA, AGED ABOUT 55 YEARS, R/O AREHALLI VILLAGE, SAKALESHAPURA TALUK, HASSAN DISTRICT - 560070. …RESPONDENT THIS MFA IS FILED UNDER ORDER 43 RULE 1(U) OF THE CPC, AGAINST THE ORDER DATED 03.05.2025 PASSED IN FDP.NO.8/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, SOMWARPET, ALLOWING THE APPLICATION FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC. Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37001 MFA No. 6301 of 2025 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.6,00,000/- 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 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. - 3 - HC-KAR NC: 2025:KHC:37001 MFA No. 6301 of 2025 4. Registry is directed to return all the original copies to the appellant. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MCR List No.: 1 Sl No.: 21