- 1 - HC-KAR NC: 2026:KHC:20645 MSA No. 113 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE MISCELLANEOUS SECOND APPEAL NO. 113 OF 2026 BETWEEN: SRI G.THANGAVELU S/O LATE V.D. GOVINDARAJU, AGED ABOUT 70 YEARS, R/AT NO.1214/3, KAMMALAGERI, 2ND CROSS, ITTIGEGUDU, MYSURU 570 001. &APPELLANT (BY SRI. SHREEDHARA B E., ADVOCATE) AND: SRI T.R.UDAY KUMAR S/O LATE T.N. RAMACHARI, AGED ABOUT 52 YEARS, R/AT NO.887, KAMMALAGERI, 2ND CROSS, ITTIGEGUDU, MYSURU - 570 001. &RESPONDENT THIS MSA IS FILED UNDER SEC.100 OF CPC., PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE ORDER DATED 16.03.2026 PASSED IN MA NO.107/2025 BY THE LEARNED VI ADDITIONAL VI ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, AT MYSURU AND ETC., THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20645 MSA No. 113 of 2026 CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL JUDGMENT It is submitted that the present appeal is filed against the order dated 18.09.2025 in O.S.No.1208/2025 passed on application under Order XXXIX and Rules 1 & 2 of CPC as well as the order dated 16.03.2025 in the Miscellaneous Appeal No.107/2025. 2. The Registry has raised objection as to the maintainability of the appeal. 3. Learned counsel for the appellants seeks to file appropriate proceedings. Submission is placed on record. 4. Appeal is dismissed without entering into merit. 5. Liberty is reserved to the appellants to file appropriate proceedings. 6. Registry to return the certified copies of the impugned orders after retaining the xerox copies of the same. Sd/- (ANANT RAMANATH HEGDE) JUDGE AV/List No.: 1 Sl No.: 10