- 1 - HC-KAR NC: 2026:KHC:10876 RFA No. 2017 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REGULAR FIRST APPEAL NO. 2017 OF 2025 BETWEEN: 1. SRI. P. YOGESHWARA ARADHYA S/O LATE R.B.C PARAMESHWARA ARADHYA AGED ABOUT 54 YEARS R/AT NO.195, 38TH CROSS JAYANAGAR 5TH BLOCK BENGALURU 560 041. 2. SRI. P.LINGA MURTHY S/O LATE R.B.C PARAMESHWARA ARADHYA AGED ABOUT 51 YEARS R/AT NO.195, 38TH CROSS JAYANAGAR 5TH BLOCK BENGALURU 560 041. 3. P. PUSHPALATHA D/O LATE R.B.C PARAMESHWARA ARADHYA AGED ABOUT 53 YEARS R/AT NO.195, 38TH CROSS JAYANAGAR 5TH BLOCK BENGALURU 560 041. 4. P. PRASHANTHA D/O LATE R.B.C PARAMESHWARA ARADHYA AGED ABOUT 52 YEARS NO. 195, 38TH CROSS JAYANAGAR 5TH BLOCK BENGALURU 560 041. 5. M/S. BARYETES CHEMIE (INDIA) PVT. LTD. A PRIVATE LIMITED COMPANY Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10876 RFA No. 2017 of 2025 INCORPORATED UNDER PROVISIONS OF THE INDIAN COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT NO.50/6, APARNA THEATRE COMPLEX S.C ROAD, BENGALURU REPRESENTED BY ITS MANAGING DIRECTOR SRI. M.S. PAPANNA. 6. SMT. P.SHANTHA W/O LATE M.S.PAPANNA AGED ABOUT 74 YEARS 7. SRI. M.P.SRINIVASAMURTHY S/O LATE M.S.PAPANNA AGED ABOUT 46 YEARS 8. SMT. MANJULA D/O LATE M.S.PAPANNA AGED ABOUT 41 YEARS 9. SMT. MEERA D/O LATE M.S.PAPANNA AGED ABOUT 48 YEARS ALL ARE RESIDING AT NO.60/1 GROUND FLOOR, 7TH CROSS 8TH MAIN, RMV EXTENSION BANGALORE-80. …APPELLANTS (BY SRI. MAHESH KUMAR .R, ADVOCATE) AND: 1. SRI M.S. MALLAPPA DIRECTOR M/S. BARYETES CHEMIE (INDIA) PVT. LTD NO.50/6, APARNA THEATRE COMPLEX S.C.ROAD, BANGALORE -560 009. - 3 - HC-KAR NC: 2026:KHC:10876 RFA No. 2017 of 2025 ALSO AT SRI M.S. MALLAPPA S/O LATE M.SRINIVASALU AGED ABOUT 70 YEARS NO.66/1, GROUND FLOOR 17TH CROSS, 8TH MAIN RMV EXTENSION, BANGALORE -560 080. …RESPONDENT THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE AGAINST THE ORDER DATED 17.06.2025 PASSED IN MISC NO.561/2013 ON THE FILE OF XLI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY., ALLOWING THE PETITION FILED UNDER ORDER IX RULE 13 OF CPC., 1908. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL JUDGMENT The present appeal is directed against the order passed on an application filed under Order IX Rule 13 of the Code of Civil Procedure, 1908, whereby the miscellaneous petition filed by the defendant was allowed, the ex parte decree was set aside, and the suit was restored to file. - 4 - HC-KAR NC: 2026:KHC:10876 RFA No. 2017 of 2025 2. At the outset, it is to be noted that an appeal under Section 96 of the Code of Civil Procedure, 1908 is not maintainable against an order passed under Order IX Rule 13 of the Code. The proper remedy available to the appellants is to invoke the revisional jurisdiction of this Court under Section 115 of the Code of Civil Procedure, 1908. 3. In view of the above, the appeal stands dismissed as not maintainable. However, liberty is granted to the appellants to avail themselves of the remedy of revision under Section 115 of the Code of Civil Procedure, 1908. 4. The Registry is directed to forthwith return the certified copies to the appellants after retaining photocopies thereof. 5. In the event, revision is preferred within three weeks from the date of receipt of a copy of this order, the time spent before this Court shall stand excluded by - 5 - HC-KAR NC: 2026:KHC:10876 RFA No. 2017 of 2025 extending the benefit under Section 14 of the Limitation Act, 1963. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 29