- 1 - HC-KAR NC: 2026:KHC:33380 MFA No. 1094 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 1094 OF 2025 (CPC) BETWEEN: SRI ABDUL RAHEEM S/O ABDUL JALEEL SAHEB, AGED ABOUT 67 YEARS, R/O NO.400/1, SYEDWADI, URDU PRIMARY SCHOOL, M M ROAD, OPP CHANNAPATNA TOWN, RAMANAGARA DISTRICT. …APPELLANT (BY SMT. SABAHATH SULTANA, ADVOCATE - ABSENT) AND: 1. SYEDWADI MUSLIM COMMITY JAMAYATH REP BY ITS MUTHAVALLI, SRI AHMED KHAN, S/O LATE HYDER KHAN, AGED ABOUT 85 YEARS, R/O NO.255, KUMBAR BEEDI, SYEDWADI, CHANNAPATNA, MUTHAVALLI, SYEDWADI, CHANNAPTNA - 560 011 2. SMT. DILDAR BEGUM D/O LATE ABDUL RAHMAN, AGED ABOUT 85 YEARS, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33380 MFA No. 1094 of 2025 3. SMT NIKHATH AAILYA W/O NAVID QAZI, AGED ABOUT 85 YEARS, 4. SRI RIAZ FAROOQ UR RAHMAN S/O LATE ABDUL RAHMAN, AGED ABOUT 55 YEARS, 5. SMT. EFATHARA BAIG W/O SALIM BAIG, AGED ABOUT 50 YEARS, 6. SRI SHAKEEL MOHAMMED KHAN S/O LATE MOHAMMED KHAN, AGED ABOUT 64 YEARS, 7. SMT. NISHATH KHALIDA PARVEEN W/O LATE MOHAMMED IQBAL SHARIFF, AGED ABOUT 57 YEARS 8. SMT. NISHATH NAHIDA KHANUM W/O MOHAMMED IRFANULLA, AGED ABOUT 60 YEARS, 9. SMT. NISHATH WAHEED KHANUM W/O KHALEEL AHMED, AGED ABOUT 59 YEARS. RESPONDENTS NO.2 TO 9 ARE R/AT FLAT NO.1064 E, 1ST STAGE 4TH BLOCK, HBR LAYOUT BENGALURU - 560 043 …RESPONDENTS THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 10.01.2023 PASSED ON I.A. NO.1 IN O.S.NO. 280/2020 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC,CHANNAPATNA , ALLOWING THE I.A. NO.1 FILED UNDER ORDER XXXIX RULE 1 AND 2 READ WITH SECTION 151 OF CPC - 3 - HC-KAR NC: 2026:KHC:33380 MFA No. 1094 of 2025 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT There is no representation on behalf of appellant. 2. The Registry has raised an objection regarding the maintainability of the present appeal on the ground that the subject value of the appeal is stated to be Rs.4,00,000/-. The valuation slip produced at Annexure-D also discloses that the value of the subject matter is Rs.4,00,000/-. 3. In the above circumstances, and in view of the Bar contained under Section 19(1) of the Karnataka Civil Courts Act, 1964, the present appeal is not maintainable before this Court. The objection raised by the Registry is accordingly sustained. Consequently, the appeal stands dismissed as not maintainable. - 4 - HC-KAR NC: 2026:KHC:33380 MFA No. 1094 of 2025 4. Liberty is reserved to the appellant to file such proceedings as may be permissible in law before the appropriate Forum. 5. 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 PHM List No.: 1 Sl No.: 8