- 1 - HC-KAR CNR: KAHC010277582026 NC: 2026:KHC:36714 MFA No. 2953 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 2953 OF 2026 (CPC) BETWEEN: 1. SMT R HEMALATHA D/O LATE SRI. GM RAMAPPA, W/O SRI.LOKESH, AGED ABOUT 47 YEARS, SHEWTHASAGAR, 8TH MAIN ROAD, 1TH CROSS, BTM 1ST STAGE, BENGALURU-560029. …APPELLANT (BY SRI. M R VIJAYA KUMAR.,ADVOCATE (ABSENT)) AND: 1. SRI MOHAN R S/O LATE SRI. G M RAMAPPA, AGED ABOUT 46 YEARS, RESIDING AT NO. 37, MODEL HOUSE STREET, OPPOSITE TO SHAMANNA PARK, BASAVANAGUDI, BENGALURU-560004 Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010277582026 NC: 2026:KHC:36714 MFA No. 2953 of 2026 2. SMT. SUNANDA, D/O LATE SRI. G M RAMAPPA, W/O LATE SRI. M SOMASHEKAR, AGED ABOUT 44 YEARS, RESIDING AT NO. 19/134, ASHISHNILAYA, 7TH MAIN ROAD, BTM 1ST STAGE, BENGALURU-560029 3. SMT. HAMSAVENI, D/O LATE SRI. G M RAMAPPA, W/O SRI.SIDDALINGAPPA, RESIDING AT MANJUNATHANILAYA, SMT. NARAYANAMMA AND SRI. ANJANAPPA BUILDING, NEAR VENKATESHWARA WOOD WORKS, RAILWAY STATION SCOUT ROAD, DODDABALAPURA-561203. …RESPONDENTS (BY SRI.R.MURALIDHARA., ADVOCATE FOR R1 (ABSENT)) THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 08.1.2026 PASSED ON MISC.P.NO. 165/2021 ON THE FILE OF THE XVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-16), DISMISSING THE PETITION FILED UNDER SECTION 151 READ WITH ORDER 23 RULE 3A OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010277582026 NC: 2026:KHC:36714 MFA No. 2953 of 2026 CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT There is no representation on behalf of the appellant. 2. This appeal is filed to set aside the orders passed by the learned XVII Additional City Civil and Sessions Judge, Bengaluru in Misc.No.165/2021 filed under Order 23 Rule 3A of CPC. 3. Registry has raised an objection with regard to the maintainability of the appeal in view of Order XLIII Rule 1 of CPC. The objection raised by the registry is sustained. The appeal is dismissed as not maintainable. 4. Liberty is reserved to the appellant to move the appropriate forum for appropriate relief. The time spent herein shall be condoned, if any such proceedings are filed. - 4 - HC-KAR CNR: KAHC010277582026 NC: 2026:KHC:36714 MFA No. 2953 of 2026 5. Certified copies of the documents produced shall be returned to the learned counsel for the appellant. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 8