- 1 - HC-KAR CNR: KAHC010424442025 NC: 2026:KHC:39493 MFA No. 4873 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 4873 OF 2025 (CPC) BETWEEN: SMT MAHALAKSHMAMMA W/O. THIMMEGOWDA, AGED MAJOR, 61 YEARS RESIDING AT KALIGANA HALLI, BELLUR HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT, KARNATAKA - 571 418 …APPELLANT (BY SRI. SAMARTH V. ASWATI, ADVOCATE FOR SRI. JAYARAJ D.S., ADVOCATE) AND: 1. LATE SHIVANNA GOWDA S/O. LATE MAYANNA GOWDA, SINCE DEAD REPRESENTED BY HIS LEGAL HEIRS SMT. PARVATHAMMA, W/O. LATE SHIVANNA GOWDA, AGED ABOUT 82 YEARS 2. SRI. JAYARAMU, S/O. LATE SHIVANNA GOWDA, AGED ABOUT 52 YEARS Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010424442025 NC: 2026:KHC:39493 MFA No. 4873 of 2025 3. SMT. MEENAKSHI, D/O. LATE SHIVANNA GOWDA, AGED ABOUT 50 YEARS 4. SRI. SHIVA KUMAR, S/O. LATE SHIVANNA GOWDA, AGED ABOUT 48 YEARS 5. SRI. MAYANNA GOWDA, S/O. LATE SHIVANNA GOWDA, AGED ABOUT 46 YEARS 6. SMT. VANAJAKSHI, D/O. LATE SHIVANNA GOWDA, AGED ABOUT 44 YEARS RESPONDENTS ARE RESIDING AT BELLUR CROSS, BELLUR HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT, KARNATAKA - 571 418 …RESPONDENTS THIS MFA IS FILED U/O.43 RULE 1(r) OF CPC, AGAINST THE ORDER DT.13.04.2023 IN MISC. PET. NO.12/2019 ON THE FILE OF THE CIVIL JUDGE (JR.DN.) AND JMFC, NAGAMANGALA, DISMISSING IA NO.1 U/S.5 AND 6 FILED U/S.5 OF LIMITATION ACT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR - 3 - HC-KAR CNR: KAHC010424442025 NC: 2026:KHC:39493 MFA No. 4873 of 2025 ORAL JUDGMENT Learned counsel for the appellant is present. 2. The registry has raised objection with regard to the maintainability of the appeal. The same is sustained which is not disputed by the learned counsel for the appellant. He seeks liberty. Accordingly, I pass the following order. ORDER i. The appeal is dismissed as not maintainable. ii. Liberty is reserved to the appellants 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: KAHC010424442025 NC: 2026:KHC:39493 MFA No. 4873 of 2025 iii. Certified copies of the documents produced shall be returned to the learned counsel for the appellants. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 7