- 1 - HC-KAR NC: 2026:KHC:8285 MFA No. 7507 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M MISCELLANEOUS FIRST APPEAL NO.7507 OF 2017 (CPC) BETWEEN: 1. SRI N KANTHARAJU S/O LATE MR. NATESH, AGED ABOUT 71 YEARS R/AT NO.3/120, JOSEPH REDDY LAYOUT, LINGARAJAPURAM, ST.THOMAS TOWN POST, BENGALURU-560084. 2. SMT. METELDA J NATHAN SINCE DECEASED REPRESENTED BY HER LRS 2A. MR. G.JABAMALAI NATHAN, S/O. LATE A GNANAPRAGASAM, AGED ABOUT 67 YEARS, 2B. MRS. SUBHASHINI J NATHAN, D/O. MR. G JABAMALAI NATHAN, AGED ABOUT 37 YEARS, 2C. MR. AVINASH J NATHAN, S/O. MR. G. JABAMALAI NATHAN, AGED ABOUT 35 YEARS, 2D. MRS. DEEPA J NATHAN, D/O. MR. G. JABAMALAI NATHAN, AGED ABOUT 33 YEARS ALL ARE THE RESIDENTS OF PRAISE THE LORD MANSION, NO.21, 2ND FLOOR, NEHARU MAIN ROAD, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8285 MFA No. 7507 of 2017 KAMMANAHALLI, ST. THOMAS TOWN POST, BENGALURU-560842 AND APPELLANTS NO. 2A, 2B AND 2D ABOVE ARE REPRESENTED BY THE 2C ABOVE, BEING THEIR CONSTITUTED ATTORNEY. …APPELLANTS (BY SRI. VASANTH KUMAR K.M., ADVOCATE) AND: 1. SMT SHASHIKALA ASHOK ULLEKAR W/O MR. ASHOK SHANKAR ULLEKAR, PRESENTLY AGED ABOUT 60 YEARS R/AT NO.3671, 2ND FLOOR, NEW 5TH CROSS, OLD 11TH CROSS, GAYATHRINAGAR, BENGALURU-560021 2. MRS. ROSE MARY W/O MR. M. IGNATIUS, PRESENTLY AGED ABOUT 58 YEARS, R/AT NO.536, KAMMANAHALLI CIRCLE, ST.THOMAS TOWN POST, BENGALURU-560084 3. MRS. LEENA EDWARD W/O MR.K.EDWARD, PRESENTLY AGED ABOUT 70 YEARS, R/AT NO.536A, KAMMANAHALLI CIRCLE, ST.THOMAS TOWN POST, BENGALURU-560084 …RESPONDENTS (BY SRI. M.S.HARINATH, ADVOCATE FOR R2 AND R3; VIDE COURT ORDER DATED 29.09.2022, NOTICE TO R1 HELD SUFFICIENT) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF THE CODE OF CIVIL PROCEDURE. - 3 - HC-KAR NC: 2026:KHC:8285 MFA No. 7507 of 2017 THIS MISCELLANEOUS FIRST APPEAL IS LISTED FOR ADMISSION, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER: ORAL JUDGMENT Sri.Vasanth Kumar.K.M., counsel for the appellants and Sri.M.S.Harinath., counsel for respondents 2 and 3 appeared in person. 2. This appeal is filed to set aside the order dated 27.01.2017 passed by the Court of Principal Civil Judge, Rural, (Jr.Dn.), Bengaluru in O.S.No.999/2010 and direct the Court to try the suit on the merits. 3. Counsel for the respective parties presented several contentions. Heard the arguments and perused the papers with care. 4. Whether the Impugned Order aligns with the mandatory procedural requirements of Order 7 Rule 10A of the CPC. 5. Perused the impugned order with care. The Trial Court has committed a gross error of procedure by returning the plaint without complying with Order 7 Rule 10A of the CPC. - 4 - HC-KAR NC: 2026:KHC:8285 MFA No. 7507 of 2017 The impugned order is liable to be remanded, as the Trial Court ignored the mandatory mandate of Order 7 Rule 10A CPC, which requires notice and opportunity to the plaintiff to act when a plaint is returned for lack of jurisdiction. By not intimating its decision to return the plaint to the plaintiffs beforehand, the Court deprived the plaintiffs of the right to request a designated date for appearance before the proper forum, rendering the order void-ab-initio and necessitating a remand for proper compliance. 6. Resultantly, the appeal is allowed, and the order dated 27.01.2017, passed by the Court of Principal Civil Judge Rural (Jr.Dn.) Bengaluru, in O.S.No.999/2010 is set aside, and the matter is remanded to the Trial Court for proper compliance. SD/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 37