- 1 - HC-KAR NC: 2026:KHC:13617 MSA No. 80 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE MISCELLANEOUS SECOND APPEAL NO. 80 OF 2026 BETWEEN: 1. SMT HALAMMA, W/O LATE BASAVARAJAPPA, AGED ABOUT 91 YEARS, 2. SMT.K.B.YASHODAMMA, W/O.CHANNEGOWDA, D/O.LATE.BASAVARAJAPPA, AGED ABOUT 64 YEARS, 3. SRI.K.B.MAHANTHEGOWDA, S/O.LATE.BASAVARAJAPPA, AGED ABOUT 62 YEARS, SRI K B VISHWANTATH, SINCE DEAD BY HIS LRS 4A. SMT NANJAMMA, W/O.LATE K.B. VISHWANTAH, AGED ABOUT 62 YEARS 4B. SRI DAYANANDA K V, S/O LATE K B VISHWANATH, AGED ABOUT 40 YEARS, 4C. SRI.MOHAN KUMAR.K.V, S/O.LATE.K.B.VISHWANTAH, AGED ABOUT 40 YEARS, Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13617 MSA No. 80 of 2026 5. SRI K.B.CHANNABASAVEGOWDA, S/OLATE BASAVARAPPA, AGED ABOUT 54 YEARS. 6. SRI K.B.THIMMEGOWDA, S/O.LATE.BASAVARAPPA, AGED ABOUT 52 YEARS, ALL ARE R/O.KARIKATTEHALLI VILLAGE, CHATACHATTIHALLI POST, HALEBEEDU HOBLI, BELUR TALUK, HASSAN DISTRICT-573116 …APPELLANTS (BY SRI SHARATHKUMAR SHETTY, ADVOCATE) AND: 1. SRI MALLESHAPPA A, S/O.LATE.APPANNAGOWDA, AGED ABOUT 68 YEARS, R/AT.KARIKATTEHALLI VILLAGE, CHATACHATTIHALLI POST, HALEBEEDU HOBLI, BELUR TALUK, HASSAN DISTRICT-573116. 2. SRI.SHANKARE GOWDA, S/O.LATE.APPANNAGOWDA, AGED ABOUT 65 YEARS, R/AT.KARIKATTEHALLI VILLAGE, CHATACHATTIHALLI POST, HALEBEEDU HOBLI, BELUR TALUK, HASSAN DISTRICT-573116. SRI RAJEGOWDA, SINCE DIED BY LR'S 3A. SMT.SAROJAMMA, W/O.LATE.RAJEGOWDA, AGED ABOUT 47 YEARS, R/AT.KARIKATTEHALLI VILLAGE, CHATACHATTIHALLI POST, HALEBEEDU HOBLI, BELUR TALUK, HASSAN DISTRICT-573116. - 3 - HC-KAR NC: 2026:KHC:13617 MSA No. 80 of 2026 3B. SRI.CHETHAN, S/O.LATE.RAJEGOWDA AGED ABOUT 24 YEARS, R/AT.KARIKATTEHALLI VILLAGE, CHATACHATTIHALLI POST, HALEBEEDU HOBLI,BELUR TALUK, HASSAN DISTRICT-573116 3C. SMT.INDHU, D/O.LATE.RAJEGOWDA, W/O.THEJAS, AGED ABOUT 24 YEARS, R/AT.SURANAYAKANAHALLI VILLAGE, DODDAKODIHALLY POST, HALEBEEDU HOBLI, BELUR TALUK, HASSAN DISTRICT. AGED ABOUT 66 YEARS 4. SRI.BASAVARAJU, S/O.LATE APPANNAGOWDA, AGED ABOUT 58 YEARS, R/AT KARIKATTEHALLI VILLAGE, CHATACHATTIHALLI POST, HALEBEEDU HOBLI, BELUR TALUK, HASSAN DISTRICT-573116. …RESPONDENTS (BY SRI K B MONESH KUMAR, ADVOCATE FOR C/R1, R2 R3 (A TO C) AND R4 IN CP NO.2296/2024) THIS MSA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 20.08.2022 PASSED ON I.A. NO. II IN O.S.NO.91/2022 ON THE FILE OF THE CIVIL JUDGE AND JMFC, BELUR, HASSAN, DISMISSING THE I.A. NO.II FILED UNDER ORDER XXXIX RULE 1 AND 2 OF CPC. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE - 4 - HC-KAR NC: 2026:KHC:13617 MSA No. 80 of 2026 ORAL JUDGMENT This appeal is filed against the order dated 02.12.2024 passed in M.A. No.25/2022 on the file of Senior Civil Judge, Belur. 2. Aforementioned appeal in M.A.No.25/2022 was against the order in I.A.No.II in O.S.No.91/2022 on the file of Civil Judge, Belur. The said application at I.A.No.II was an application under Order XXXIX Rules 1 and 2 of Code of Civil Procedure. The first appeal filed by the present appellants is also dismissed. 3. Under these circumstances, Miscellaneous Second Appeal does not arise, as there is no such provision in the Code of Civil Procedure which enable the appellants to file Miscellaneous Second Appeal. 4. Accordingly, Miscellaneous Second Appeal is dismissed. 5. Liberty is reserved to the appellants to avail such remedy as advised in law. - 5 - HC-KAR NC: 2026:KHC:13617 MSA No. 80 of 2026 6. If appellants make a request, Registry may return the impugned orders after retaining the xerox copies. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP List No.: 1 Sl No.: 1