- 1 - HC-KAR NC: 2025:KHC:31381 MFA No. 5264 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.5264 OF 2025 (CPC) BETWEEN: SMT. NINGAMMA W/O LATE LINGANNA, AGED ABOUT 52 YEARS, R/AT NO.8, 1ST CROSS, OPP: VENKATESHWARA CABLES, NEHRU ROAD, SIDDAPPA BLOCK, NEW GUDDADAHALLI, GEF POST, MYSURU ROAD, BENGALURU-560 026. NOW AT NO.10, 1ST FLOOR, 2ND CROSS, NEW GUDDADAHALLI, GEF POST, MYSURU ROAD, BENGALURU-560 026. …APPELLANT (BY SRI SATEESHA B M, ADVOCATE) AND: 1. N MAHADEVAIAH S/O LATE NANJUNDAIAH, AGED ABOUT 59 YEARS, R/AT NO.67, 2ND CROSS, Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31381 MFA No. 5264 of 2025 NEW GUDDAHALLI, GEF POST, MYSURU ROAD, BENGALURU-560 026. 2. N. SREEKANTA S/O LATE NANJUNDAIAH, AGED ABOUT 75 YEARS, R/AT NO.33, 1ST MAIN ROAD, NEW GUDDAHALLI, GEF POST, MYSURU ROAD, BENGALURU-560 026. 3. DEVARAMMA D/O LATE NANJUNDAIAH, W/O VENKATARAMAIAH, AGED ABOUT 70 YEARS, SECRETARY VENKATESHWARA EDUCATION INSTITUTION, R/AT NO.28 AND 24, 6TH CROSS, NEHRU ROAD, SIDDAPPA BLOCK, NEW GUDDAHALLI, GEF POST, MYSURU ROAD, BENGALURU-560 026 4. LAKSHMIDEVAMMA, D/O LATE NANJUNDAIAH, W/O RAMAIAH, AGED ABOUT 58 YEARS, R/AT 5/32, 2ND MAIN ROAD, NEAR SHARADA VIDYA PEETA, BYTARAYANAPURA, GEF POST, MYSURU ROAD, BENGALURU-560 026 …RESPONDENTS - 3 - HC-KAR NC: 2025:KHC:31381 MFA No. 5264 of 2025 THIS MFA IS FILED U/O.43 RULE 1 OF CPC, AGAINST THE ORDER DATED 25.06.2025 PASSED IN FDP NO.94/2020 ON THE FILE OF THE 43RD ADDITIONAL CITY CIVIL JUDGE, BENGALURU AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The office has raised objection regarding maintainability of the present appeal. 2. The impugned order has been passed on the application filed under Section 2 of the Partition Act by which the Court Commissioner’s report is accepted against which, the present appeal is filed before this Court. 3. The appeal is filed under Order 43 Rule 1 of CPC against the order passed on the application filed under Section 2 of the Partition Act, wherein the Trial Court accepted the report of the Court Commissioner. Therefore, the present appeal is dismissed as not - 4 - HC-KAR NC: 2025:KHC:31381 MFA No. 5264 of 2025 maintainable. However, liberty is given to the appellant to challenge the impugned order before the appropriate Court. 4. The appellant is entitled for the benefit of Section 14 of the Limitation Act. 5. Office is directed to return the certified copy to the appellant after retaining the photocopy of the same. SD/- (HANCHATE SANJEEVKUMAR) JUDGE SN List No.: 1 Sl No.: 13