Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR
CNR: KAHC010300192025 NC: 2026:KHC:38322 MFA No. 3360 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 3360 OF 2025 (CPC) BETWEEN:
1.
SMT. MUNIRATHNAMMA, AGED ABOUT 64 YEARS, W/O SRI. NARAYANAPPA, R/AT KAGGALIPURA VILLAGE, KAGGALIPURA POST, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, BANGALORE - 560 062.
2.
SRI. L. NAGEGOWDA, AGED ABOUT 40 YEARS, S/O SRI. LAKKAPPA, R/AT HOUSE NO.222, NAYAPPANAHALLI, BANDEPALYA ARAKERE, BILEKAHALLI, BANGALORE SOUTH TALUK, BANGALORE - 560 076. …APPELLANTS (BY SRI. VEMAREDDY S., ADVOCATE) AND:
1.
SRI. GOVINDA REDDY, AGED ABOUT 71 YEARS,
Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR
CNR: KAHC010300192025 NC: 2026:KHC:38322 MFA No. 3360 of 2025
S/O SRI. AKKULA REDDY, RESIDING AT NO.30, O.B. CHOODAHALLI VILLAGE, KANAKAPURA MAIN ROAD, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, BANGALORE - 560 062.
2.
SRI. VINAY KUMAR, AGED ABOUT 33 YEARS, S/O SRI. GOVINDA REDDY, RESIDING AT NO.30, O.B. CHOODAHALLI VILLAGE, KANAKAPURA MAIN ROAD, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, BANGALORE - 560 062.
3.
SMT. G. USHA, AGED ABOUT 40 YEARS, D/O SRI. GOVINDA REDDY, R/AT NO.9, M. KRISHNAPPA NILAYA, 2ND 'C' CROSS, NEAR ST. VINCENT PALLOTTI CHURCH, CHIKKABANASAWADI, MARUTHI SEVANAGAR, BANGALORE - 560 033.
4.
SMT. G. RADHA, AGED ABOUT 37 YEARS, D/O SRI. GOVINDA REDDY, RESIDING AT NYAYABELE SHOP, BANDE BOMMASANDRA EAST, BANGALORE - 562149. …RESPONDENTS
- 3 -
HC-KAR
CNR: KAHC010300192025 NC: 2026:KHC:38322 MFA No. 3360 of 2025
THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED 04.03.2025 PASSED ON IA NOS.
1 AND 4 IN O.S.NO.625/2024 ON THE FILE OF THE IV ADDITIONAL SENOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING THE IA.NO.1 FILED UNDER
ORDER 39 RULE 1 AND 2 OF CPC AND DISMISSING THE IA.NO.IV FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC,
1908.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
ORAL JUDGMENT
No representation on behalf of the appellants.
2. Registry has raised objection regarding maintainability of the appeal.
3. It is seen that the impugned order has passed by the IV Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru. Valuation is taken as Rs.6,15,000/-. Therefore, the appeal cannot be maintainable before this Court and the objection raised by the registry is sustained.
- 4 -
HC-KAR
CNR: KAHC010300192025 NC: 2026:KHC:38322 MFA No. 3360 of 2025
4. Accordingly, appeal is dismissed as not maintainable.
5. Liberty is reserved to the appellants to seek appropriate proceedings before appropriate Forum. Any such proceedings are filed, the time spent herein shall be condoned. Certified copies shall be returned forthwith to the appellants. In view of the dismissal of the appeal, pending I.As., if any, do not survive for consideration.
Sd/- (PRADEEP SINGH YERUR) JUDGE
BVK List No.: 1 Sl No.: 4