- 1 - HC-KAR CNR: KAHC010396892025 NC: 2026:KHC:37282 MFA No. 4625 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. 4625 OF 2025 (CPC) BETWEEN: V. PADMANABHAN S/O. V.VELU AGED ABOUT 56 YEARS R/AT NO.44/27, 6TH MAIN NEAR GOVT. SCHOOL J.P.NAGAR 1ST PHASE BENGALURU - 560 078. …APPELLANT (BY SMT. NAGARATHNA K., ADVOCATE (ABSENT)) AND: 1. K. HARIKRISHNA S/O. LATE K.C.DEVEGOWDA AGED ABOUT 51 YEARS PRESIDENT OF M/S.SOFTWARE ENGINEERS AND DOCTORS HOUSING CO-OP. SOCIETY LTD. REGD. OFFICE AT NO.422, 1ST FLOOR 5TH MAIN, AMARAJYOTHI LAYOUT (WEST WING), DOMLUR BENGALURU - 560 071. 2. MANJUNATH M.V. S/O. VENKATARASAPPA @ NANAPPA AGED ABOUT 37 YEARS R/O. MANGANAHALLI VILLAGE YESHVANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 060. Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010396892025 NC: 2026:KHC:37282 MFA No. 4625 of 2025 3. JAYANARASIMHA GOWDA S/O. LATE SINGEGOWDA AGED ABOUT 58 YEARS R/AT NO.242/7, 10 'A' CROSS KAVI RAGHAVENDRA ROAD SRINAGAR, BENGALURU - 560 050. …RESPONDENTS THIS MFA IS FILED UNDER ORDER RULE 1(R) OF CPC, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 16.12.2024 PASSED ON I.A.NOS.I AND II IN OS.NO.138/2022 BY II ADDITIONAL CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU AND ETC. 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 the appellant. Even on the previous date of hearing, there was no representation on behalf of the appellant. 2. Registry has raised objection regarding the maintainability of the appeal in view of Sections 19(1) and 20 of the Karnataka Civil Courts Act, 1964. - 3 - HC-KAR CNR: KAHC010396892025 NC: 2026:KHC:37282 MFA No. 4625 of 2025 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 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. 6. Registry shall return the certified copies to the learned counsel for appellant. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 5