- 1 - HC-KAR NC: 2026:KHC:22308 RFA No. 862 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ REGULAR FIRST APPEAL NO. 862 OF 2026 (PAR) BETWEEN: SRI THIMMAYYA K M AGED ABOUT 52 YEARS, S/O MADAPPA K. T R/A. FLAT NO. 401, NAGARJUNA MAPLE HEIGHTS APARTMENTS, OUTER RING ROAD, B. NARAYANAPURA, BANGALORE - 560016 PREVIOUSLY AT NO. 601, 3RD B CROSS, 6TH MAIN ROAD, 2ND BLOCK, HRBR LAYOUT, BANGALORE - 560 043 …APPELLANT (BY SRI. KIRAN SEBASTIAN ROZARIO., ADVOCATE) AND: SRI AASHICA AMRITH M AGED ABOUT 44 YEARS R/A. 'ASHIANKA' NO. 423, 5TH CROSS, 2ND BLOCK, 1ST STAGE, HBR LAYOUT, BRINDAVAN NAGAR, BANGALORE 560043 …RESPONDENT THIS RFA IS FILED UNDER SEC.19(1) OF FAMILY COURT ACT, 1984, AGAINST THE JUDGMENT AND DECREE DATED.06.12.2025 PASSED IN OS NO.305/2017 ON THE FILE OF THE VI ADDITIONAL Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22308 RFA No. 862 of 2026 PRL. JUDGE, FAMILY COURT, BANGALORE, DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL JUDGMENT The appellant has challenged the judgment and decree dated 06.12.2025 passed by VI Additional Principal Judge, Family Court, Bangalore in O.S.No.305/2017. 2. Office has raised an objection that a Regular First Appeal under Section 96 of the CPC is not maintainable in view of an appeal remedy available under Section 19 of the Family Courts Act, 1984. 3. The learned counsel for the appellant fairly accepts this position of law. 4. Hence, the appeal is not maintainable. Office objection regarding maintainability of this appeal is upheld. 5. The Registry is directed to convert this Regular First Appeal into a Miscellaneous First Appeal. - 3 - HC-KAR NC: 2026:KHC:22308 RFA No. 862 of 2026 6. The learned counsel for the appellant is directed to make appropriate corrections in the appeal to bring it in line with the format of a Miscellaneous First Appeal prescribed. 7. For statistical purposes, this appeal is treated as closed. Sd/- (R. NATARAJ) JUDGE VM List No.: 1 Sl No.: 18