- 1 - HC-KAR NC: 2025:KHC:36536 MFA No. 5470 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.5470 OF 2024 (CPC-) BETWEEN: SRI MUNIYAPPA AGED ABOUT 76 YEARS S/O MUNISWAMAPPA R/AT M HOSAHALLI VILLAGE JADEGENAHALLI HOBLI HOSKOTE TALUK. …APPELLANT (BY SRI. SHIVAKUMAR D. M., ADVOCATE) AND: 1. SMT. MANJAMMA AGED ABOUT 41 YEARS W/O. SOMESH 2. SRI. NARAYANSWAMY S/O. LATE PATELAPPA AGED ABOUT 54 YEARS BOTH ARE RESIDENT OF M. HOSAHALLI VILLAGE JADEGENAHALLI HOBLI HOSKOTE TALUK. …RESPONDENTS THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 02.08.2024 PASSED ON I.A.NO. 2 IN M.A.NO.16/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HOSAKOTE, ALLOWING THE APPEAL FILED UNDER SECTION 43 RULE 1(r) OF CPC. 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:36536 MFA No. 5470 of 2024 CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The office has raised objection that appeal is not maintainable since the appellant has already exhausted remedy of appeal under Order XLIII Rule 1(r) of CPC. Therefore, one more appeal before this Court under the same provision is not maintainable. This is the objection raised by the office. 2. The Office is correct in raising the objection. M.A.No.16/2023 is filed before the Court of Senior Civil Judge & J.M.F.C., Hosakote under Order XLIII Rule 1(r) of CPC. Therefore, the remedy is already exhausted under Order XLIII. Therefore, the instant appeal under the same provision is not maintainable. 3. Hence, the appeal is dismissed as not maintainable. However, liberty is reserved to the appellant to approach before the appropriate Forum as per law. - 3 - HC-KAR NC: 2025:KHC:36536 MFA No. 5470 of 2024 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.: 17