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2025 DAILYLAW 73016 (KAR)

H.M. RECHANNA v. H P MARISWAMY

MFA/7741/2024 · 2025-10-08

Hanchate Sanjeevkumar

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:39672 MFA No. 7741 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 7741 OF 2024 (CPC) BETWEEN: H.M. RECHANNA S/O. LATE H.P. MALLANNA, AGED ABOUT 58 YEARS, R/AT HANDRAHALLI VILLAGE, KASABA HOBLI, CHAMARAJANAGARA TALUK AND DISTRICT - 571 313. …APPELLANT (BY SRI. ANIL KUMAR S., ADVOCATE) AND: H.P. MARISWAMY S/O. LATE PUTTASUBBAPPA, AGED ABOUT 78 YEARS, R/AT HANDRAKALLI VILLAGE, KASABA HOBLI, CHAMARAJANAGARA TALUK AND DISTRICT - 571 313. …RESPONDENT THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED 17.03.2022 PASSED ON I.A.NO.1 IN O.S.NO.74/2021 ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC, CHAMARAJANAGARA, DISMISSING IA NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39672 MFA No. 7741 of 2024 CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The value of the suit is less than 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. 2. Hence, the appeal is dismissed as not maintainable before this Court. However, liberty is reserved to the appellant to file appeal before the District 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 documents to the appellant. SD/- (HANCHATE SANJEEVKUMAR) JUDGE KA CT-SG List No.: 1 Sl No.: 9