- 1 - HC-KAR CNR: KAHC010493542026 NC: 2026:KHC:38713 MFA No. 5344 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 5344 OF 2026 (CPC) BETWEEN: 1. SMT. J MARY W/O. LATE FRANCIS, AGED ABOUT 54 YEARS, R/AT. NO.75, NEAR MILK DAIRY, 1ST BLOCK, KANAKAPURA MAIN ROAD, THATTAGUPPE, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, BANGALORE- 560082 …APPELLANT (BY SRI. CHINMAY G KURANDWAD.,ADVOCATE) AND: 1. SMT. ANNAMMA W/O. LATE REDDY BALARAJ, AGED ABOUT 56 YEARS, 2. SMT. DEEKSHA, D/O. LATE REDDY BALARAJ, AGED ABOUT 26 YEARS, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010493542026 NC: 2026:KHC:38713 MFA No. 5344 of 2026 3. SMT. DEEPTHI, D/O. LATE REDDY BALARAJ, AGED ABOUT 24 YEARS, ALL DEFENDANTS ARE R/AT. NO.69, 1ST BLOCK, THATTAGUPPE, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, BANGALORE- 560082 …RESPONDENTS THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 2.07.2026 PASSED ON I.A.NO.2 IN OS.NO. 483/2026 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING THE I.A.NO.2 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC. 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 the appellant has filed a memo seeking withdrawal of the appeal. The memo is accepted. - 3 - HC-KAR CNR: KAHC010493542026 NC: 2026:KHC:38713 MFA No. 5344 of 2026 2. Objection raised by the registry is sustained. The appeal is dismissed as not maintainable. 3. 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. Certified copies of the documents produced shall be returned to the learned counsel for the appellant. 5. In view of dismissal of this appeal, pending application, if any, would pale into insignificance. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 5