- 1 - HC-KAR NC: 2025:KHC:36535 MFA No. 7445 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.7445 OF 2022 (CPC-) BETWEEN: 1. SMT. LAKSHMAMMA W/O. LATE VENKATAPPA AGED ABOUT 60 YEARS R/A INDIRANAGAR MALUR TOWN MALUR - 563130 2. R. MUNINARAYANA S/O. LATE RAMASWAMY @ CHIKKARAMASWAMY AGED ABOUT 53 YEARS R/A NO. OPPOSITE JSS COLLEGE KOLAR ROAD MALUR - 563130 3. SRI. VIKRANTH S/O R MUNINARAYANA AGED ABOUT 30 YEARS R/A NO OPPOSITE JSS COLLEGE KOLAR ROAD MALUR - 563130 4. SMT. SAVITHRAMMA W/O. LATE NARAYANASWAMY D/O. LATE RAMASWAMY @ CHIKKARAMASWAMY AGED ABOUT 50 YEARS Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36535 MFA No. 7445 of 2022 R/A KOOTERI VILLAGE KOLAR TALUK KOLAR - 563 101 5. SMT. MAHESHWARAMMA W/O. AYYAPPA D/O. LATE RAMASWAMY @ CHIKKARAMASWAMY AGED ABOUT 48 YEARS R/AT NO.50/40, 5TH CROSS, NEAR SAPALAMBA TEMPLE CHIKKABASAVANAPURA VILLAGE VIRGONAGAR BANGALORE - 560 049 (APPELLANT NOS.1, 3, 4 & 5 REPRESENTED BY GPA APPELLANT NO.2 HEREIN AS PER GPA DATED 12.3.2022 AND GPA DATED 14.3.2022) …APPELLANTS (BY SRI. VASUDEVA IYENGAR K. T., ADVOCATE) AND: R. MUNIRAJU S/O. LATE RAMASWAMY @ CHIKKARAMASWAMY AGED ABOUT 42 YEARS R/AT NEAR RAILWAY STATION MALUR-MASTHI ROAD MALUR TOWN MALUR - 563 101 …RESPONDENT THIS MFA IS FILED UNDER ORDER 43 RULE 1 OF CPC, AGAINST THE ORDER DATED 26.09.2022 PASSED ON I.A. NO.1 IN O.S.NO. 151/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MALUR, ALLOWING THE I.A. NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:36535 MFA No. 7445 of 2022 CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The subject matter of the suit is valued at Rs.6,00,000/- as per valuation slip attached to the plaint. 2. Learned counsel for the defendants submitted that the value of the subject matter is amounting to crores but regarding this, the defendants have not taken any contention in the written statement as per the perusal made to the written statement. Also, the defendants have not invited the trial Court regarding the suit is under value. Accordingly, deemed that defendants have accepted the valuation of the suit made by the plaintiff. Therefore, as per records, as on today, the value of the suit is Rs.6 lakhs and does not exceed - 4 - HC-KAR NC: 2025:KHC:36535 MFA No. 7445 of 2022 Rs.10 laksh. Therefore, the appeal is not maintainable before this Court. 3. Hence, the appeal is dismissed as not maintainable. However, liberty is reserved to the appellant to file an appropriate appeal before the appropriate Forum. 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 appellant. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE KA List No.: 1 Sl No.: 5