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2026 DAILYLAW 24751 (KAR)

SRI L KRISHNAPPA v. SRI L SRINIVASAIAH

MFA/3967/2024 · 2026-06-24

Pradeep Singh Yerur

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:31264 MFA No. 3967 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO.3967 OF 2024 (CPC) BETWEEN: 1. SRI L. KRISHNAPPA S/O. LATE LENKAPPA AGED ABOUT 76 YEARS 2. SRI K. VARUNENDRA S/O. KRISHNAPPA L. AGED ABOUT 45 YEARS 3. SRI K. BRUNGESH S/O. L. KRISHNAPPA AGED ABOUT 42 YEARS 4. SRI K. MANJUNATHA S/O. L. KRISHNAPPA AGED ABOUT 39 YEARS ALL ARE RESIDING AT VADERAHALLI VILLAGE THATHAGUNI POST, B. M. KAVAL KENGERI HOBLI BENGALURU SOUTH TALUK …APPELLANTS (BY SRI THIMMANNA, ADVOCATE) AND: SRI L. SRINIVASAIAH S/O. LATE LENKAPPA AGED ABOUT 73 YEARS Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31264 MFA No. 3967 of 2024 PRESENTLY R/AT NO.27 R. K. LAYOUT, III STAGE 14TH MAIN, PADMANABHANAGARA BENGALURU-560 070 …RESPONDENT (BY SRI M. VEERABHADRAIAH, ADVOCATE FOR C/R ON I.A. NO.2) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 14.03.2024 PASSED ON I.A. NO. 2 IN O.S.NO. 898/2022 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING I.A. NO.2 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC. 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 has questioned the order passed by the Trial Court on the application filed under order XXXIX Rule 1 and 2 of CPC wherein the suit is filed for permanent injunction. The suit is valued at Rs.1,000/-. As per Section 19(1) of the Karnataka Civil - 3 - HC-KAR NC: 2026:KHC:31264 MFA No. 3967 of 2024 Courts Act, any appeals from the decrees and orders passed by a Senior Civil Judge in original suits and proceedings in a civil nature shall, when such appeals are allowed by law, lie, to the District Court, when the amount or value of the subject-matter of the original suit or proceeding does not exceed ten lakh rupees. "19. Appeals from Senior Civil Judge.— Appeals from the decrees and orders passed by a Senior Civil Judge in original suits and proceedings of a civil nature, shall, when such appeals are allowed by law, lie,— (1) to the District Court, when the amount or value of the subject-matter of the original suit or proceeding does not exceed ten lakh rupees; (2) to the High Court, in other cases". 2. In the present suit, the value of the subject matter of the original suit does not exceed Rs.10,00,000/-. Therefore, the appeal would have to be preferred before the District Court. - 4 - HC-KAR NC: 2026:KHC:31264 MFA No. 3967 of 2024 3. The objection raised by the registry is sustained. Liberty is reserved to the appellant to file necessary proceeding before the appropriate forum. The time spent herein shall be condoned. 4. Accordingly, appeal is dismissed. Sd/- (PRADEEP SINGH YERUR) JUDGE GSR List No.: 1 Sl No.: 7