- 1 - HC-KAR CNR: KAHC010667202025 NC: 2026:KHC:37281 MFA No. 7490 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 7490 OF 2025 (CPC) BETWEEN: SRI MAHADEVAPPA DEAD BY HER LRS. SMT. PARVATHAMMA W/O. LATE MAHADEVAPPA AGED ABOUT 65 YEARS. (SHE IS DEAD AND LRS. ARE: 1 TO 3). 1. SRI SHANKARA S/O. LATE MAHADEVAPPA AGED ABOUT 52 YEARS. 2. SRI MAHESH S/O. LATE MAHADEVAPPA AGED ABOUT 50 YEARS. 3. SRI PRABHU S/O. LATE MAHADEVAPPA AGED ABOUT 48 YEARS. 4. SRI H.C. SHANKARAPPA S/O. CHENNABASAPPA AGED ABOUT 37 YEARS. ALL ARE R/O: HANGRAPURA VILLAGE KIRUGAVALU HOBLI, MALAVALLI TQ. MANDYA DIST. - 571 430. …APPELLANTS (BY SRI P.S. MALIPATIL, ADVOCATE) Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010667202025 NC: 2026:KHC:37281 MFA No. 7490 of 2025 AND: LINGAPPA, DEAD BY LRS. 1. PUTTASWAMY S/O. LATE LINGAPPA AGED ABOUT 57 YEARS R/O: CHIKKABANAVARA MAIN ROAD KEREGUDDADAHALLI BENGALURU - 560 090. 2. MAHADEVAMMA W/O. NANJAPPA AGED ABOUT 60 YEARS R/O: KARAPATANAHALLI NEGARANAHALLI VILLAGE YESHWANTHPURA HOBLI UTTARAHALLI TQ. BENGALURU - 560 061. 3. SUNDARAMMA W/O. MAHESH AGED ABOUT 50 YEARS R/O: KP AGRAHARA 25TH CROSS ROAD NEAR MAHADESHWARA TEMPLE BENGALURU - 560 023. 4. SMT. SHIVAMMA W/O. NINGAPPA AGED ABOUT 62 YEARS R/O: SUJALAPURA VILLAGE KIRUGAVALU HOBLI MALAVALLI TQ. MANDYA DIST.- 571 430. 5. SMT. PARVATHAMMA W/O. MAHADEVAPPA AGED ABOUT 65 YEARS R/O: RAVANI VILLAGE - 3 - HC-KAR CNR: KAHC010667202025 NC: 2026:KHC:37281 MFA No. 7490 of 2025 MALAVALLI TQ. MANDYA DIST. - 571 430. 6. MAHADEVAPPA S/O. LINGAPPA AGED ABOUT 65 YEARS R/O: HANGARAPURA VILLAGE KIRUGAVALU HOBLI MALAVALLI TQ. MANDYA DIST. - 571 430. …RESPONDENTS THIS MFA IS FILED UNDER ORDER XLIII RULE 1(T) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 06.06.2025 PASSED IN CIVIL MISC.NO.11/2018 AND CONSEQUENTLY, ALLOW THE MISC. BY SETTING ASIDE THE ORDER DATED 23.10.2017 PASSED IN R.A.NO.38/2013, BY DIRECTING THE LEARNED SENIOR CIVIL JUDGE AND JMFC, MALAVALLI TO DISPOSE OF R.A.NO.38/2013 ON MERITS. 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 appellants is present. 2. Registry has raised objection regarding the maintainability of the present appeal on the ground that the subject value of the appeal is less than ₹10,00,000/-, in view of Section 19(1) of the Karnataka Civil Courts Act, - 4 - HC-KAR CNR: KAHC010667202025 NC: 2026:KHC:37281 MFA No. 7490 of 2025 1964. The said objection is not disputed by the learned counsel for respondents. 3. The objection raised by Registry is sustained. Consequently, the appeal is held to be not maintainable. Accordingly, the appeal is dismissed as not maintainable. 4. Liberty is reserved to the appellants 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. 6. Registry shall return the certified copies to the learned counsel for appellants. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN\List No.: 1 Sl No.: 8