- 1 - HC-KAR NC: 2026:KHC:31113 MFA No. 3571 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 3571 OF 2022 (CPC) BETWEEN: SMT. D. KANTHAMMA SINCE DECEASED ON 5.3.2015. M.C.MANJUNATH SINCE DECEASED ON 14.4 2012. BOTH REPRESENTED BY THIS LEGAL REPRESENTATIVES. 1. SMT. C.S. REKHA D/O. SRI SURESH AGED ABOUT 30 YEARS RESIDING NO.13 1ST MAIN ROAD THIMMARAYPPA LAYOUT DODDAKALLASANDRA KANAKAPURA MAIN ROAD BENGALURU - 560 062. 2. SMT. C.S. RASHMI D/O. M.C. SURESH AGED ABOUT 27 YEARS R/AT NO.968/47 2ND MAIN ROAD M.C. LAYOUT, VIJAYANAGAR BENGALURU - 560 040. 3. SRI KULDEEP KUMAR S/O. M.C. SURESH AGED ABOUT 25 YEARS RESIDING AT NO.968/47 2ND MAIN ROAD Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31113 MFA No. 3571 of 2022 M.C. LAYOUT, VIJAYANAGAR BENGALURU - 560 040. …APPELLANTS (BY SRI V.B. SHIVA KUMAR, ADVOCATE) AND: 1. SRI M.C. SUNIL KUMAR S/O. LATE B.M. CHAMANNA AGED ABOUT 52 YEARS RESIDING AT NO.356, 6TH CROSS, SIDDAGANGA CHOULTRY ROAD MANJUNATHA NAGAR BENGALURU - 560 010. 2. SRI M.C. SURESH S/O. B.M. CHAMANNA AGED ABOUT 64 YEARS, RESIDING AT NO.968/47 2ND MAIN ROAD M.C. LAYOUT, VIJAYANAGAR BENGALURU - 560 040. …RESPONDENTS (BY SRI C. SHANKAR REDDY, ADVOCATE FOR R1; SRI C.M. NAGABUSHANA, ADVOCATE FOR R2) THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) READ WITH SECTION 151 OF CPC, AGAINST THE ORDER DATED 16.04.2022 PASSED ON I.A.NO.6 IN OS.NO.7047/2010 BY VII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:31113 MFA No. 3571 of 2022 CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT Heard learned counsel for appellants and learned counsel for respondent No.1. 2. Registry has raised objection as to the maintainability of the appeal on the ground that the impugned order is passed under Order XXII Rule 5 of the Code of Civil Procedure, 1908, which is not an appealable order under Order XLIII Rule 1 thereof. 3. Having considered the objection, this Court is of the view that the same deserves to be sustained. Accordingly, the objection raised by Registry is sustained and the appeal is dismissed as not maintainable. 4. Liberty is reserved to the appellants to file such proceedings as may be permissible in law before the appropriate Forum. - 4 - HC-KAR NC: 2026:KHC:31113 MFA No. 3571 of 2022 5. The time spent in agitating the matter before this Court, shall be excluded in accordance with the provisions of the Limitation Act, 1963. 6. Registry shall return the certified copies to the learned counsel for the appellant. 7. By an order dated 05.05.2022, this Court restrained the respondent from alienating the suit schedule property. In view of the aforesaid order, the same shall remain in force for a period of one week from today, i.e., 23.06.2026. It shall stand vacated automatically upon the expiry of the said period unless proceedings are preferred and an order is passed by the concerned Court. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 3