- 1 - HC-KAR NC: 2026:KHC:33382 MFA No. 2619 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. 2619 OF 2025 (CPC) BETWEEN: 1. SRI R B C PARAMESHWARA ARADHYA SINCE DECEASED BY HIS LRS SRI.P.YOGESHWARA ARADHYA S/O LATE R.B.C.PARAMESHWARA ARADHYA, AGED ABOUT 59 YEARS. 2. SRI.P.LINGA MURTHY, S/O LATE R.B.C.PARAMESHWARA ARADHYA, AGED ABOUT 56 YEARS. 3. SMT. P. PUSHPALATHA, D/O LATE R.B.C.PARAMESHWARA ARADHYA, AGED ABOUT 58 YEARS, 4. SMT. PRASHANTHA, D/O LATE R.B.C.PARAMESHWARA ARADHYA, AGED ABOUT 56 YEARS. ALL ARE R/AT NO.195, 38TH CROSS, JAYANAGAR 5TH BLOCK, BENGALURU - 560 041. …APPELLANTS (BY SRI. SHILPA RANI.,ADVOCATE) AND: 1. SRI M S MALAPPA DIRECTOR, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33382 MFA No. 2619 of 2025 M/S BARYETES CHEMIE (INDIA) P LTD., NO.50/6, APARNA THEATRE COMPLEX, S.C.ROAD, BENGALURU - 560 009 2. M/S. BARYETES CHEMIE (INDIA) P LTD., A PRIVATE LIMITED COMPANY INCORPORATED UNDER THE PROVISIONS OF THE INDIAN COMPANIES ACT, 1956, AND HAVING ITS REGISTERED OFFICE AT NO.50/6, APARNA THEATRE COMPLEX, S.C. ROAD, BENGALURU - 560 009 REPRESENTED BY ITS MANAGING DIRECTOR 3A. SRI.M.S.PAPANNA, SINCE DECEASED BY HIS L.RS. SMT.P.SHANTHA, W/O LATE M.S.PAPANNA, AGED ABOUT 75 YEARS. 3B. SRI.M.P.SRINIVASAMURTHY, S/O LATE M.S.PAPANNA, AGED ABOUT 46 YEARS. 3C. SMT. MANJULA, D/O LATE M.S.PAPANNA, AGED ABOUT 41 YEARS. 3D. SMT.MEERA, D/O LATE M.S.PAPANNA, AGED ABOUT 48 YEARS. RESPONDENTS NO.3A TO 3D ARE R/AT NO.60/1, GROUND FLOOR, 7TH CROSS, 8TH MAIN, RMV EXTN., BENGALURU - 560 080. …RESPONDENTS - 3 - HC-KAR NC: 2026:KHC:33382 MFA No. 2619 of 2025 THIS MFA IS FILED U/S 96 OF CPC, PRAYING TO SET ASIDE THE ORDER DT. 15.12.2023 PASSED IN MISC.NO. 561/2013 ON THE FILE OF THE XLI ADDITIONAL CITY CIVIL AND SESSION JUDGE, CCH 42 , BENGALURU. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT The present appeal has been preferred by the appellants, who are the legal heirs of late Sri R.B.C. Parameshwara Aradhya, the original respondent No.1 in Miscellaneous Petition No.561/2013. During the pendency of the said Miscellaneous Petition, the appellants filed I.A.No.4/2023 under Order XVIII Rule 17 read with Section 151 of the Code of Civil Procedure, seeking to reopen the case by recalling the order dated 08.06.2018 and to permit the legal heirs of respondent No.1 to cross-examine PW.11. The said application came to be rejected by the Trial Court. Aggrieved by the said order of rejection, the present appeal has been preferred. - 4 - HC-KAR NC: 2026:KHC:33382 MFA No. 2619 of 2025 2. The Registry has raised objection regarding maintainability of the appeal. Accepting the said objection raised by the Registry, this appeal is dismissed as not maintainable. 3. Liberty is reserved to the appellants to file such proceedings as may be permissible in law before the appropriate Forum. 4. 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.: 9