- 1 - HC-KAR NC: 2026:KHC:32395 MFA No. 4288 of 2024 C/W MFA No. 4121 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 4288 OF 2024 (CPC) C/W MISCELLANEOUS FIRST APPEAL NO. 4121 OF 2024 IN MFA No.4288/2024 BETWEEN: DODDARANGAIAH S/O LATE RANGAIAH AGED ABOUT 59 YEARS R/AT DYAVALAPALYA VILLAGE HAMLET OF HULLENAHALLI TIPPASANDRA HOBLI MAGADI TALUK RAMANGARA DISTRICT …APPELLANT (BY SRI.SANGAMESH R B., ADVOCATE) AND: 1. SMT.SHARDAMMA W/O LATE D C PUTTARANAGIAH AGED ABOUT 71 YEARS R/AT DASAPPANAPALYA VILLAGE KUDUR HOBLI, MAGADI TALUK RAMNAGARA DISTRICT 2. SMT.NARASAMMA W/O LATE RANGAIAH AGED ABOUT 77 YEARS Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32395 MFA No. 4288 of 2024 C/W MFA No. 4121 of 2024 3. RANDASWAMAIAH S/O LATE RANGAIAH AGED ABOUT 64 YEARS RESPONDENT NOS. 2 & 3 ARE R/AT DYAVALAPALYA VILLAGE HAMLET OF HULLENAHALLI TIPPASANDRA HOBLI MAGADI TALUK RAMNAGARA DISTRICT 4. SMT RANGAMMA AGED ABOUT 57 YEARS W/O LATE MUDDAHANUMAIA R/AT DASAPPANAPALYA VILLAGE KADUR HOBLI, MAGADI TALUK RAMANAGARA DISTRICT 5. PUTTARANGAIAH S/O RANGAIAH AGED ABOUT 54 YEARS 6. CHANDRASHEKAR S/O PUTTARANGAIAH AGED ABOUT 32 YEARS 7. ANIL KUMAR S/O LATE MUDDAHANUMAIAH AGED ABOUT 32 YEARS RESPONDENTS 5 TO 7 ARE R/AT DASAPPANAPALYA VILLAGE KUDUR HOBLI, MAGADI TALUK RAMANAGARA DISTRICT … RESPONDENTS (BY SRI.N.K.KANTHARAJU., ADVOCATE FOR R-1) THIS MFA IS FILED UNDER ORDER 43 RULE 1(R) OF CPC, AGAINST THE ORDER DATED 08.04.2024 PASSED ON I.A. NO.2 IN O.S.NO.599/2022 ON THE FILE OF THE SENIOR CIVIL - 3 - HC-KAR NC: 2026:KHC:32395 MFA No. 4288 of 2024 C/W MFA No. 4121 of 2024 JUDGE, MAGADI, ALLOWING THE I.A. NO.2 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC. IN MFA NO. 4121/2024 BETWEEN: DODDARANGAIAH S/O. LATE RANGAIAH, AGED ABOUT 64 YEARS, R/AT DYAVALAPALYA VILLAGE, HAMLET OF HULLENAHALLI, TIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT. ...APPELLANT (BY SRI. SANGAMESH R B., ADVOCATE) AND: 1. SMT SHARDAMMA W/O. LATE D. C. PUTTARANGAIAH, AGED ABOUT 71 YEARS, R/AT DASAPPANAPALYA VILLAGE, KUDUR HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT. 2. SMT. NARASAMMA W/O. LATE RANGAIAH, AGED ABOUT 77 YEARS, 3. RANGASWAMAIAH S/O. LATE RANGAIAH, AGED ABOUT 64 YEARS, RESPONDENT NOS.2 & 3 ARE R/AT DYAVALAPALYA VILLAGE, HAMLET OF HULLENAHALLI, TIPPASANDRA HOBLI, - 4 - HC-KAR NC: 2026:KHC:32395 MFA No. 4288 of 2024 C/W MFA No. 4121 of 2024 MAGADI TALUK, RAMANAGARA DISTRICT. 4. SMT. RANGAMMA AGED ABOUT 57 YEARS, W/O. LATE MUDDAHANUMAIAH, R/AT DASAPPANAPALYA VILLAGE, KADUR HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT. 5. PUTTARANGAIAH S/O. RANGAIAH, AGED ABOUT 54 YEARS, 6. CHANDRASHEKAR S/O. PUTTARANGAIAH, AGED ABOUT 32 YEARS, 7. ANIL KUMAR S/O. LATE MUDDAHANUMAIAH, AGED ABOUT 32 YEARS, ... RESPONDENTS (BY SRI.N.K.KANTHARAJU., ADVOCATE FOR R-1) THIS MFA IS FILED U/S 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 08.04.2024 PASSED ON I.A.NO.1 IN OS.NO.599/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE, MAGADI, ALLOWING THE IA.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC. THESE APPEALS, ARE COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR NC: 2026:KHC:32395 MFA No. 4288 of 2024 C/W MFA No. 4121 of 2024 CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR COMMON ORAL JUDGMENT Heard learned counsel for the appellant and learned counsel for respondent No.1. 2. The impugned orders are passed by the trial Court on the applications filed under Order 39 Rule 1 and 2 of CPC. The valuation slip is also annexed along with the appeal memo in MFA No.4121/2024. 3. Upon perusal of the said valuation slip, the subject value of the appeal is stated to be less than Rs.10,00,000/-. Therefore, the registry has raised objection with regard to maintainability of this appeal in view of Section 19(1) of the Karnataka Civil Courts Act, 1964 (for short 'the Act'). 4. Learned counsel for the appellant contends that in the earlier round of litigation between the very same parties in the same suit, when the matter came up before this Court on an interim order passed under Order 39 Rule 1 and 2 of CPC, the same was remanded back by this Court by - 6 - HC-KAR NC: 2026:KHC:32395 MFA No. 4288 of 2024 C/W MFA No. 4121 of 2024 entertaining the appeal. Hence, learned counsel contends that when no objection was raised on the earlier occasion and appeals having been entertained, the present appeals should be entertained. 5. Registry has raised objection, in both the appeals, with regard to the appeals being not maintainable in view of Section 19(1) of the Act. In the earlier round, when the appeals were entertained, no such objection was raised and no such finding was given by this Court in MFA No.2473/2023 connected with MFA No.2579/2023 with regard to maintainability of the appeals for want of jurisdiction. Hence, the same cannot be accepted unless the issue is decided with regard to maintainability. 6. On seeing the valuation slip, which is not beyond Rs.10,00,000/-, I am satisfied with the objection raised, in both the appeals, by the Registry is sustainable. 7. Hence, these appeals are dismissed as not maintainable. However, liberty is reserved to the appellant to move the appropriate Court for appropriate proceedings and - 7 - HC-KAR NC: 2026:KHC:32395 MFA No. 4288 of 2024 C/W MFA No. 4121 of 2024 seek necessary reliefs. The time spent herein shall be condoned. Registry to return the certified copies of the documents to the learned counsel for the appellant. No opinion is expressed on the merits of the matter. Sd/- (PRADEEP SINGH YERUR) JUDGE VM List No.: 1 Sl No.: 3