- 1 - HC-KAR NC: 2025:KHC:42388 MFA No. 7324 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 7324 OF 2025 (CPC) BETWEEN: 1. MR. FRANKY D. ALMEIDA S/O. LATE MR. SEBASTINE D'ALMEIDA, AGED ABOUT 64 YEARS, R/OF 'NEW ARKAL HOUSE' NITTUL, KATTINGERE VILLAGE, KAUP TALUK AND UDUPI DISTRICT. …APPELLANT (BY SRI. K. NARAYANA, ADVOCATE) AND: 1. MR. IVAN D. ALMEIDA S/O. LATE MR. SEBASTINE D'ALMEIDA, AGED ABOUT 53 YEARS, R/OF 'KINNI ARKAL HOUSE', KATTINGERE VILLAGE, POST MOODUBELLE, KAUP TALUK, UDUPI DISTRICT. …RESPONDENT THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED 20.08.2025 PASSED IN O.S.NO.23/2025 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC, UDUPI, DISMISSING THE IA.NO. II 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: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42388 MFA No. 7324 of 2025 ORAL JUDGMENT In the plaint in O.S.No.23/2025, the plaintiff has made valuation of the subject matter is Rs.1,000/- for jurisdiction which can be seen at para IV in page No.7 of the plaint. 2. Hence, the value of the subject matter is less than Rs.10,00,000/-. Therefore, the appeal is not maintainable before this Court. 3. Accordingly, the appeal is dismissed as not maintainable. However, liberty is reserved to the appellant to file appeal before the appropriate Court. 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 documents to the appellant/counsel for the appellant. SD/- (HANCHATE SANJEEVKUMAR) JUDGE KA CT-SG List No.: 1 Sl No.: 3