- 1 - HC-KAR NC: 2025:KHC:45738 MFA No. 1530 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 1530 OF 2024 BETWEEN: SRI. KARUNAKARA REDDY S/O LATE VENAKTARANGA REDDY AGED ABOUT 70 YEARS R/AT YARRABOMMANAHALLI VILLAGE MADAKASIRA TALUK ANANTHAURA DISTRICT (AP) PIN CODE 515 001. …APPELLANT (BY SRI. NANJA REDDY P N.,ADVOCATE) AND: 1. SMT. RATHNAMMA W/O LATE JAYARAMAIAH AGED ABOUT 50 YEARS R/AT KESAPURA VILLAGE MEDIGESHI HOBIL MADHUGIRI TALUK 572 132. 2. SMT PARVATHAMMA W/O RAMAPPA AGED ABOUT 50 YEARS R/AT SREENIVASAPURA VILLAGE ID HALLI HOBLI MADHUGIRI TALUK 572 123. …RESPONDENTS THIS MFA IS FILED U/O.43 RULE 1(c) OF THE CPC, AGAINST THE ORDER DT.29.11.2023 PASSED IN CIVIL MIS.NO.6/2017 ON THE FILE OF THE PRL. CIVIL JUDGE AND Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45738 MFA No. 1530 of 2024 JMFC, MADHUGIRI, REJECTING THE PETITION FILED U/O.9 RULE 9 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 office has raised objections regarding the maintainability of appeal. 2. The impugned order was passed by the Court of the Principal Civil Judge and JMFC, Madhugiri. The appeal shall lies before the Court of Senior Civil Judge. 3. Hence, the appeal is dismissed as not maintainable before this Court. 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. - 3 - HC-KAR NC: 2025:KHC:45738 MFA No. 1530 of 2024 5. Registry is directed to return all the original/ certified copies of documents, if any, to the appellant, after retaining photocopies of the same at the cost of the appellant. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE ASN List No.: 1 Sl No.: 7