- 1 - HC-KAR NC: 2025:KHC:44073 MFA No. 1867 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 1867 OF 2025 (CPC) BETWEEN: 1. JAYARAMAIAH S/O. LATE GANGAIAH, AGED ABOUT 60 YEARS, 2. SRINIVASA, S/O. LATE GANGAIAH, AGED ABOUT 58 YEARS. (BOTH ARE R/O SONDALAGERE VILLAGE, HUTHRIDURGA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT - 572 130.) …APPELLANTS (BY SRI. VINAY D. HOSMATH, ADVOCATE) AND: 1. GANGAMANI W/O. NARASIMHAMURTHY, AGED ABOUT 42 YEARS, 2. NARASI GOWDA S/O. LATE. GANGAIAH, AGED ABOUT 65 YEARS, (BOTH ARE R/O. SONDALAGERE VILLAGE, HUTHRIDURGA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT - 572 130.) NOW RESIDING AT BENGALURU …RESPONDENTS (BY SRI. KRISHNAMURTHY M.R, ADVOCATE FOR R1) Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44073 MFA No. 1867 of 2025 THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.17.01.2024 PASSED ON IA NO.1 IN O.S.NO.364/2023 ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC, KUNIGAL C/C. ADDITIONAL CIVIL JUDGE AND JMFC, KUNIGAL, ALLOWING IA NO.1 FILED U/O.39 RULE 1 AND 2 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 value of the suit is below Rs.10,00,000/-. Therefore, the appeal is not maintainable before this Court. 2. Hence, the appeal is dismissed as not maintainable before this Court. However, liberty is reserved to the appellants to file appeal before the appropriate Court. 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 appellants/counsel for the appellants. SD/- (HANCHATE SANJEEVKUMAR) JUDGE KA, List No.: 1 Sl No.: 10