- 1 - HC-KAR NC: 2026:KHC:584 RFA No. 784 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REGULAR FIRST APPEAL NO. 784 OF 2025 (INJ) BETWEEN: 1. MR. SUNIL PANICKER S/O. DAMODAR PANICKER AGED ABOUT 65 YEARS RESIDING AT NO. 13, SUNNY 8TH MAIN, 6TH CROSS, GM PALYA TIPPASANDRA POST OFFICE BENGALURU - 560 075. …APPELLANT (BY SRI. VIJAY .B.K, ADVOCATE) AND: 1. MS. GRACEMARY CHERIAN D/O. CHERIAN STEPHEN AGED ABOUT 23 YEARS RESIDING AT NO. 11, 8TH MAIN 6TH CROSS, GM PALYA TIPPASANDRA POST OFFICE BENGALURU - 560 075. …RESPONDENT THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE ORDER DATED 15.01.2025 PASSED IN OS NO.7094/2024 ON THE FILE OF XXIV ADDITIONAL AND SESSIONS JUDGE, BENGALURU., DISMISSED THE SUIT AS WITHDRAWN AS PER MEMO. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:584 RFA No. 784 of 2025 CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL JUDGMENT An order passed under Order 39 Rule 1 and 2 of CPC is now sought to be challenged by way of appeal under Section 96 of CPC. Office has rightly raised objection in regard to maintainability of the appeal. Office objections are upheld. The appeal is dismissed as not maintainable. Registry to forthwith return the certified copies after securing photocopies. Appellant is reserved with liberty to avail remedy as provided under Order 43 of CPC. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 54