- 1 - HC-KAR NC: 2025:KHC:46410 MFA No. 8147 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 8147 OF 2025 (CPC) BETWEEN: 1. SMT. AKKUBHAYI W/O LATE KONDIBABA, AGED ABOUT 37 YEARS, 2. MASTER SURYA, S/O. LATE KONDIBABA, AGED ABOUT 12 YEARS, 3. KUM. KAVITHA, D/O. LATE KONDIBABA, AGED ABOUT 9 YEARS, APPELLANT NO.2 AND 3 ARE REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN APPELLANT NO.1 4. SRI. SHIVAJI, S/O. LATE. KRISHNA, AGED ABOUT 63 YEARS, 5. SMT. PARVATHI BAI, S/O. SRI. SHIVAJI, AGED ABOUT 61 YEARS, ALL THE ABOVE PERMANENT R/OF MANGALURUMALA VILLAGE, Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46410 MFA No. 8147 of 2025 HAREENAHALLI POST, HANGODU POST, HUNSUR TALUK, MYSORE - 571 105. …APPELLANTS (BY SMT. VEENA L, ADVOCATE) AND: 1. SMT.RESHMA B.V. W/O. SRI. VISHWANATH B.V., AGED ABOUT 38 YEARS, R/AT IBNIVALAVADI, MADIKERI, KODAGU - 571 201. 2. M/S. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., TP HUB, NO. 1/2, 4TH FLOOR, 'GOLDEN HEIGHTS' COMPLEX, 59TH C CROSS, 4TH M BLOCK, RAJAJINAGAR, BANGALORE - 560 010. …RESPONDENTS THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED 31.07.2025 PASSED IN MVC.NO. 5313/2024 ON THE FILE OF THE XXII ADDITIONAL SCJ AND ACJM, MEMBER, MACT, BENGALURU, REJECTING THE IA.NO. VI AND VII FILED U/O 23 RULE 3A OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR - 3 - HC-KAR NC: 2025:KHC:46410 MFA No. 8147 of 2025 ORAL JUDGMENT The office has raised objection regarding maintainability of the appeal under the order passed by the Court of Small Causes and MACT, Bengaluru. 2. The impugned order passed on I.A.No.VI filed under Section 151 of CPC and I.A.No.VII filed under Order XXIII Rule 3A of CPC. The said applications are rejected. Against which, the present appeal is filed. 3. Against the order passed on applications filed under Section 151 of CPC and also under Order XXIII Rule 3A of CPC, the appeal filed under Order XLI Rule 1(r) read with Section 104 of CPC is not maintainable. 4. Therefore, the appeal is dismissed as not maintainable before this Court. However, liberty is reserved to the appellants to file appeal/petition before the appropriate Court. - 4 - HC-KAR NC: 2025:KHC:46410 MFA No. 8147 of 2025 5. 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. 6. Registry is directed to return all the original copies to the appellants/counsel for the appellants. SD/- (HANCHATE SANJEEVKUMAR) JUDGE KA List No.: 1 Sl No.: 19