- 1 - HC-KAR CNR: KAHC010433922026 NC: 2026:KHC:53280-DB MFA No. 4741 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE R DEVDAS AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO MISCELLANEOUS FIRST APPEAL NO. 4741 OF 2026 (GW) BETWEEN: SRI SHIVAYOGI BANAGARA S/O SHIVAPUTHRAPPA KOMPI AGED ABOUT 37 YEARS R/AT MATHASHRI KOMPI NO.168, 2ND CROSS ROAD WARD NO.15, NEW AMARAVATHI VIJAYANAGAR 583 201 ALSO R/AT NO.404 4468 72 AVENUE SURREY, BRITISH COLUMBIA V3S2E6, CANADA. …APPELLANT (BY SRI MAHESH S., ADVOCATE) AND: 1. SMT. N. C. VINUTHA W/O SHIVAYOGI BANAGARA C/O. VEERENDRA SWAROOP N C AGED ABOUT 33 YEARS C/O VIRENDRA SRI. VEERANDRA SWAROOP NC PRESENTLY AT R/A. D BLOCK, 1201 12TH FLOOR, K H B PLATINUM APARTMENTS, SHIRKE CIRCLE VALAGERAHALLI, KENGERI BENGALURU – 560 060. Digitally signed by G SHREERAKSHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010433922026 NC: 2026:KHC:53280-DB MFA No. 4741 of 2026 2. KUM. SIRI KOMPI D/O. SHIVAYOGIBANAGARA AGED ABOUT 5 YEARS REPRESENTED BY HER MOTHER SMT. VINUTHA PRESENTLY AT R/A. D BLOCK, 1201 12TH FLOOR, K H B PLATINUM APARTMENTS, SHIRKE CIRCLE VALAGERAHALLI, KENGERI BENGALURU - 560 060. …RESPONDENTS (BY SRI CHITHRALEKHA H.R., ADVOCATE FOR R1 & R2) THIS MFA IS FILED U/S.47(a) OF GUARDIANS AND WARDS ACT-1890, AGAINST THE JUDGMENT AND DECREE DT.16.04.2026. PASSED IN G AND W.C NO. 142/2025 ON THE FILE OF THE PRL. JUDGE, FAMILY COURT, BENGALURU, REJECTING THE IA NO.3, FILED BY RESPONDENT U/O 7 RULE 11 OF CPC OF THE GUARDIANS AND WARDS ACT-1890. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS and HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE R DEVDAS) Learned counsel for the appellant fairly submits that the appeal is not maintainable having regard to the fact that an application filed under Order VII Rule 11 of CPC has been rejected by the Family Court and therefore, an appeal would not lie. Learned counsel submits the - 3 - HC-KAR CNR: KAHC010433922026 NC: 2026:KHC:53280-DB MFA No. 4741 of 2026 appellant will have to file Writ Petition (FC). Accordingly, liberty is sought to withdraw the appeal and file a Writ Petition. Nevertheless, learned counsel submits that the time spent by the appellant before this Court in this appeal should be taken note of. 2. Accordingly, the MFA stands dismissed as withdrawn while reserving liberty to the appellant to file Writ Petition (FC). If such Writ Petition is filed, the time spent by the appellant before this Court in this appeal shall be taken note of. Sd/- (R DEVDAS) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE GSR List No.: 1 Sl No.: 3