- 1 - HC-KAR NC: 2026:KHC:30368 MFA No. 4337 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 4337 OF 2026 (CPC) BETWEEN: 1. SMT. CHITRAKALA. C. W/O SRI. JAYACHANDRA K.J., AGED ABOUT 40 YEARS, RESIDING AT NO. 317, GHATAPRABHA ROAD, VIDYASHANKAR LAYOUT, MYSURU CITY. 2. SRI. AKSHAY. E. S/O SRI. ESHWAREGOWDA AGED ABOUT 28 YEARS, RESIDING AT NO. 939, SARDAR VALLABHABAI PATEL NAGAR MYSURU CITY. …APPELLANTS (BY SRI. AKSHAY RAMACHANDRA HUDDAR.,ADVOCATE) AND: 1. SRI. V. VINAYAK SHANKAR, S/O LATE H. VEERABHADRAIAH, AGED ABOUT 63 YEARS, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30368 MFA No. 4337 of 2026 2. SRI.VIREN VIRAJ SHANKAR S/O SRI. V. VINAYAK SHANKAR, AGED ABOUT 27 YEARS, BOTH ARE RESIDING AT NO.3 LAKSHMI ROAD, SHANTHINAGAR, WILSON GARDEN, BENGALURU SOUTH, BENGALURU - 560027 …RESPONDENTS (BY SRI.PAWAN KUMAR.M.N., ADVOCATE FOR C/RESPONDENT) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.14.01.2026 PASSED ON IA NO.1 IN O.S.NO.1672/2024 ON THE FILE OF THE VII ADDITIONAL SENIOR CIVIL JUDGE, AND JMFC AT MYSURU., DIMSMISSING THE IA NO.3 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 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 the appellants and learned counsel for the caveator/respondent are present. - 3 - HC-KAR NC: 2026:KHC:30368 MFA No. 4337 of 2026 2. The registry has raised an objection with regard to the maintainability of the appeal on the ground that the impugned order passed is under Section 151 CPC, which is not amenable to the provisions of Order XLIII Rule 1 of CPC. The objection raised by the registry is sustained. 3. The appeal is dismissed as not maintainable. Liberty is reserved to the appellants to file appropriate proceedings before the appropriate forum. Time spent herein shall be condoned. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 20