- 1 - HC-KAR NC: 2025:KHC:36548 MFA No. 5774 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. 5774 OF 2024 (CPC) BETWEEN: SRI. SHANTHAMMA W/O BASAPPA, AGED ABOUT 69 YEARS, R/AT GAJANURU, INDIRANAGARA VILLAGE, NIDIGE HOBLI, SHIVAMOGGA TALUK DISTRICT- 577 202 …APPELLANT (BY SRI. VIJAYA KUMAR T. M., ADVOCATE) AND: SRI. VENKATAPPA @ VENKATESHA S/O LATE DODDA RANGA BHOVI, AGED ABOUT 71 YEARS, R/AT GAJANURU INDIRANAGARA VILLAGE, NIDIGE HOBLI, SHIVAMOGGA TALUK DISTRICT- 577 202 …RESPONDENT THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, PRAYING TO SET ASIDE THE ORDER ON I.A. NO. 1 PASSED BY THE ON THE FILE OF THE C/C IV ADDITIONAL CIVIL JUDGE AND JMFC, SHIVAMOGGA, DATED 14.07.2023 IN O.S.NO. 95/2023 PRODUCED AT ANNEXURE- A AND ALLOW THE I.A.NO.1 FILED BY THE PLAINTIFF. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36548 MFA No. 5774 of 2024 CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The subject matter of the suit is valued at Rs.1000/. 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. 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.: 18