- 1 - HC-KAR NC: 2026:KHC:27641 MFA No. 3325 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 3325 OF 2026 (CPC) BETWEEN: LATE THIRUMALAIAH S/O. LATE KOLLALPURA THIMMAIAH SINCE DEAD REPRESENTED BY HIS LEGAL HEIRS WHO ARE ALREADY ON RECORD. 1. SMT. LAKSHMAMMA W/O. LATE THIRUMALAIAH AGED ABOUT 68 YEARS. 2. SRI T. SHIVAKUMAR S/O. LATE THIRUMALAIAH AGED ABOUT 45 YEARS. 3. SRI T. SRINIVAS S/O. LATE THIRUMALAIAH AGED ABOUT 40 YEARS. 4. SRI SHIVANNA S/O. LATE THIRUMALAIAH AGED ABOUT 40 YEARS. ALL ARE RESIDING AT K. G. SRINIVASAPURA VILLAGE SOMPURA HOBLI NELAMANGALA TALUK BENGALURU RURAL DISTRICT KARNATAKA - 562 111. …APPELLANTS (BY SRI SANDESH C.R., ADVOCATE FOR SRI JAYARAJ D.S., ADVOCATE) Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27641 MFA No. 3325 of 2026 AND: SMT. SIDDAGANGAMMA D/O. LATE VENKARAMAIAH SINCE DEAD REPRESENTED BY IS LEGAL HEIRS WHO ARE ALREAY ON RECORD. 1. SRI HANUMANTHARAJU S/O. LATE THIMMAIAH AGED ABOUT 70 YEARS. 2. SRI SHIVARAJU S/O. LATE THIMMAIAH AGED ABOUT 66 YEARS. 3. SRI GANGADHAR S/O. LATE THIMMAIAH AGED ABOUT 62 YEARS. RESPONDENT NOS.1 TO 3 ARE K. G. SRINIVASAPURA VILLAGE SOMPURA HOBLI NELAMANGALA TALUK BENGALURU RURAL DISTRICT KARNATAKA - 562 111. 4. SMT. GANGAMMA, D/O LATE VENKATARAMAIAH AGED ABOUT 80 YEARS 5. SMT. KEMPAMMA W/O. LATE KARIYAPPA AGED ABOUT 100 YEARS. 6. SRI RAJANNA S/O. LATE KARIYAPPA AGED ABOUT 83 YEARS. 7. SMT. KEMPARAJAMMA D/O. LATE KARIYAPPA - 3 - HC-KAR NC: 2026:KHC:27641 MFA No. 3325 of 2026 AGED ABOUT 70 YEARS. 8. SRI THIMMAIAH S/O. LATE KARIYAPPA AGED ABOUT 80 YEARS. 9. SMT. GANGAMMA D/O. LATE KARIYAPPA AGED ABOUT 65 YEARS. 10. SRI KEMPANNA S/O. LATE KARIYAPPA AGED ABOUT 60 YEARS. 11. SMT. SIDDAMMA D/O. LATE KARIYAPPA AGED ABOUT 58 YEARS. 12. SMT. NARAYANAMMA W/O. LATE ANJINAPPA AGED ABOUT 90 YEARS. 13. SRI KEMPARAJU S/O. LATE ANJINAPPA AGED ABOUT 72 YEARS. 14. SMT. GANGAMMA W/O. LATE ANJINAPPA AGED ABOUT 70 YEARS. 15. SRI SRINIVAS S/O. LATE ANJINAPPA AGED ABOUT 58 YEARS. RESIDING AT K.R.SRINIVASAPURA VILLAGE SOMPURA HOBLI NELAMANGALA TALUK BENGALURU RURAL DISTRICT KARNATAKA - 562 123. …RESPONDENTS - 4 - HC-KAR NC: 2026:KHC:27641 MFA No. 3325 of 2026 THIS MFA IS FILED UNDER ORDER XLIII RULE 1(C) OF THE CPC AGAINST THE ORDER DATED 03/01/2019 PASSED IN MISC. NO.5/2010 ON THE FILE OF THE ADDITIONAL CITY CIVIL JUDGE AND JMFC, NELAMANGALA, DISMISSING THE PETITION FILED U/O.9 RULE 13 OF CPC, 1908. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT Learned counsel for appellants, who is present through Video Conferencing, submits that he agrees with the objection raised by Registry regarding the maintainability of the appeal. Therefore, he seeks leave of this Court to withdraw the appeal, reserving liberty to file such application or petition as may be permissible in law before the appropriate Forum. 2. The objection raised by Registry is sustained. Consequently, the appeal is held to be not maintainable. Accordingly, the appeal is dismissed as not maintainable. - 5 - HC-KAR NC: 2026:KHC:27641 MFA No. 3325 of 2026 3. Liberty is reserved to the appellants to file such application or appeal or petition as may be permissible in law before the appropriate Forum. 4. The time spent in agitating the matter before this Court, shall be excluded in accordance with the provisions of the Limitation Act, 1963. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 15