- 1 - HC-KAR NC: 2026:KHC:24335 MFA No. 3072 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO. 3072 OF 2026 (CPC) BETWEEN: 1. SRI. MUNIRAJU M. S/O. LATE MUNIVENKATAPPA, AGED ABOUT 65 YEARS, RESIDING AT NO.120/6, 1ST MAIN ROAD, 5TH CROSS, BYRASANDRA, BENGALURU - 560 011. 2. SRI. M. RAVEENDRA, S/O. LATE MUNIVENKATAPPA, AGED ABOUT 59 YEARS, NO.32/1, 3RD CROSS, 1ST A MAIN, JAYANAGAR, 1ST BLOCK, EAST, BYRASANDRA, BENGALURU - 560 010. 3. SMT. JAYAMMA, W/O. LATE MUNIVENKATAPPA, AGED ABOUT 82 YEARS, R/AT NO.17, 1 CROSS, 1ST MAIN, JAYANAGAR 1ST BLOCK EAST, BYRASANDRA, BENGALURU - 560 011. …APPELLANTS (BY SRI. ANAND BEERANNAVAR.,ADVOCATE) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24335 MFA No. 3072 of 2026 AND: 1. R. SOMASHEKARA REDDY, S/O. LATE V. RAMA REDDY, AGED ABOUT 55 YEARS, R/AT NO.4/1 10TH CROSS, BYRASANDRA, JAYANAGAR, BENGALURU - 560 011. 2. R. CHANDRA REDDY, S/ O LATE V. RAMA REDDY, AGED ABOUT 51 YEARS R/AT NO.4/1, 10TH CROSS, BYRASANDRA, JAYANAGAR, BENGALURU - 560 011. 3. SMT. PADMAVATHI. R D/O. LATE V. RAMA REDDY AGED ABOUT 53 YEARS R/AT NO.4/1 10TH CROSS, BYRASANDRA, JAYANAGAR, BENGALURU - 560 011. …RESPONDENTS (BY SRI. ABHINAV R.,ADVOCATE FOR C/R1 TO R3) THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 17.03.2026 PASSED ON I.A.NO.I IN OS.NO. 1320/2025 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, REJECTING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC. - 3 - HC-KAR NC: 2026:KHC:24335 MFA No. 3072 of 2026 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT Learned counsel for the appellants has filed a memo, which reads as under: " The Appellant above named respectfully submits that the present appeal has been filed seeking to set aside the order dated 17.03.2026 passed on I.A. filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure in O.S. No. 1320/2025 on the file of the Principal Civil Judge, Bengaluru Rural District, Bengaluru. It is submitted that the Appellant has inadvertently filed the present appeal before this Hon'ble Court, whereas the proper forum for filing the appeal is the Court of the Senior Civil Judge, Bengaluru Rural District, Bengaluru. Wherefore, the Appellant most humbly prays that this Hon'ble Court may be pleased to permit withdrawal of the appeal, in the interest of justice." 2. The said memo is taken on record. - 4 - HC-KAR NC: 2026:KHC:24335 MFA No. 3072 of 2026 3. In view of the memo, the Miscellaneous First Appeal stands disposed of with liberty to approach the appropriate forum in accordance with law. 4. The time spent in prosecuting the appeal before this Court is made available to the appellants under Section 14 of the Limitations Act, 1963. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 9