- 1 - HC-KAR NC: 2025:KHC:37032 MFA No. 4452 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 4452 OF 2025 (CPC) BETWEEN: 1. MRS. NOOR ZAIBA HIDAYATHULLA D/O LATE GAFFAR SHARIFF W/O. SYED HIDAYATULLA @ SHAFI, AGED ABOUT 44 YEARS, RESIDING AT NO. 14, 10TH CROSS, APPAYA LAYOUT KRISHNA CLINIC ROAD, SULTANPALYA, BENGALURU - 560 032. YELAHANKA TALUK, BENGALURU - 560 032. 2. MR. ISHTIAQ GAFFAR SHARIFF, S/O LATE GAFFAR SHAREFF AGED ABOUT 38 YEARS. 3. MS. AKTARI SHARIFF D/O LATE GAFFAR SHARIFF AGED ABOUT 35 YEARS. 4. SMT. HASEENA KHATUN W/O LATE GAFFAR SHARIFF, AGED ABOUT 59 YEARS, PETITIONER NO.2 TO 4 ARE R/AT NO. 6, 5TH CROSS, ANEPALYA, NEELASANDRA, ADUGODI POST, BENGALURU - 560 030. …APPELLANTS (BY SRI. PRITHVI RAJ B.N, ADVOCATE) Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37032 MFA No. 4452 of 2025 AND: MR. A MOHAMMED ASLAM S/O SRI. PEER AHMED JAN AGED ABOUT 40 YEARS, R/AT NO. 36, 1ST MAIN, 6TH CROSS, HIDAYATH NAGAR, K.G. HALLI, BENGALURU- 5 60 045. …RESPONDENT THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT. 26.03.2025 PASSED IN EX.NO. 529/2022 ON THE FILE OF THE XXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CCH-35, ALLOWING THE APPLICATION FILED UNDER ORDER 21 RULE 35 AND 36 R/W SECTION 151 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 impugned order has passed under Order XXI Rules 35 and 36 of CPC which is under challenge. 2. The appeal is filed under order XLIII Rule 1(i) & (j) of CPC. Therefore, against the order passed under - 3 - HC-KAR NC: 2025:KHC:37032 MFA No. 4452 of 2025 Order XXI Rules 35 and 36 r/w Section 151 of CPC appeal is not maintainable as per Order XLIII Rule 1(i) & (j) of CPC. Therefore, the appeal is not maintainable before this Court. 3. Hence, the appeal is dismissed as not maintainable. However, liberty is reserved to the appellants to file appeal before the appropriate forum as per law. 4. 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. 5. Registry is directed to return all the original copies to the appellants. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE TIN List No.: 1 Sl No.: 10 CT: BHK