- 1 - HC-KAR NC: 2025:KHC:36550 MFA No. 1047 of 2024 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. 1047 OF 2024 (CPC) BETWEEN: SRI. A G SHIVASHANKARAPPA SON OF LATE KARIPILLAPPA, AGED ABOUT 69 YEARS, RESIDING AT ANIGNAHALLI VILLAGE, KASABA HOBLI, BANGARPET TALUK, KOLAR DISTRICT- 563 114 …APPELLANT (BY SRI. SUNIL T., ADVOCATE) AND: 1. SMT. VENKATAMMA SON OF LATE MUNIVENKATAPPA, AGED ABOUT 57 YEARS, RESIDING AT ANIGNAHALLI VILLAGE, KASABA HOBLI, BANGARPET TALUK, KOLAR DISTRICT 563114 2. SMT. NAGAVENAMMA WIFE OF LATE KRISHNAPPA, AGED ABOUT 53 YEARS, RESIDING AT ANIGNAHALLI VILLAGE, KASABA HOBLI, BANGARPET TALUK, KOLAR DISTRICT 563114 3. SMT SUJATHAMMA WIFE OF LATE KRISHNAPPA, AGED ABOUT 51 YEARS, RESIDING AT ANIGNAHALLI VILLAGE, Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36550 MFA No. 1047 of 2024 KASABA HOBLI, BANGARPET TALUK, KOLAR DISTRICT 563114 4. SMT PADMAVATHI WIFE OF LATE DEVERAJ, AGED ABOUT 43 YEARS, RESIDING AT ANIGNAHALLI VILLAGE, KASABA HOBLI, BANGARPET TALUK, KOLAR DISTRICT 563114 5. SMT MANJULA DAUGHTER OF LATE KRISHNAPPA, AGED ABOUT 47 YEARS, RESIDING AT ANIGNAHALLI VILLAGE, KASABA HOBLI, BANGARPET TALUK, KOLAR DISTRICT 563114 6. SRI PRAKASH SON OF LATE KRISHNAPPA, AGED ABOUT 43 YEARS, RESIDING AT ANIGNAHALLI VILLAGE, KASABA HOBLI, BANGARPET TALUK, KOLAR DISTRICT 563114 7. SRI V D CHANDRU SON OF DASATHARAMAIAHSETTY, AGED ABOUT 65 YEARS, RESIDENT OF GIRIDWANI NILAYA, SRI ANJENYA TEMPEL STREET, K R PURAM, BANGALORE 563114 8. SMT V C LAKSHMIKALA WIFE OF V D CHANDRU, AGED ABOUT 60 YEARS, RESIDENT OF GIRIDWANI NILAYA, SRI ANJENYA TEMPEL STREET, K R PURAM, BANGALORE 563114 - 3 - HC-KAR NC: 2025:KHC:36550 MFA No. 1047 of 2024 9. M/S SANMARGA SHLETERS PVT LTD NO.1 S N CITY, KOLAR-BANGARPET MAIN ROAD, BANGARPET 563114 KOLAR DISTRICT. …RESPONDENTS THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 17.10.2022 PASSED ON I.A. NO. III IN O.S.NO.96/2021 ON THE FILE OF THE ADDITIONAL SENIOR PRINCIPAL CIVIL JUDGE AND J.M.F.C. K.G.F., ITINERARY, BANGARPET, DISMISSING THE I.A. NO.3 FILED UNDER ORDER 39 RULE 1 AND 2 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 plaintiff's share value does not exceeds Rs.10,00,000/-. Therefore, the appeal is maintainable before the District Court as per Section 19(1) of the Karnataka Civil Courts Act, 1964. 2. Hence, the appeal is dismissed as not maintainable before this Court. However, liberty is reserved to the appellant to file appeal before the District Court. - 4 - HC-KAR NC: 2025:KHC:36550 MFA No. 1047 of 2024 3. 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. 4. Registry is directed to return all the original copies to the appellant. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE KA List No.: 1 Sl No.: 9