- 1 - HC-KAR NC: 2026:KHC:4945 MFA No. 6236 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M MISCELLANEOUS FIRST APPEAL NO. 6236 OF 2025 (CPC) BETWEEN: SRI. HABIBUR REHMAN MUNDOL S/O ABDULLA MUNDOL AGED ABOUT 73 YEARS PERMANENT RESIDENT OF 'MUNDOLEST' NEAR MUNICIPAL BUS STAND KASARGOD-671 121 KERALA NOW RESIDING AT VILLA-9797651405 SULTAN AL KABEER ROAD RAS AL KHAIMAH UNITED ARAB EMIRATES REPRESENTED BY HIS GPA HOLDER SRI. ABDUL KHADER MUNDOL S/O SRI ABDUL MUNDOL AGED ABOUT 65 YEARS R/AT 'MUNDOLEST', NEAR MUNICIPAL BUS STAND KASARGOD-671 121 KERALA …APPELLANT (BY SRI. RAVINDRANATH K., ADVOCATE) AND: 1. SRI. RAMU S/O LATE PERIYANNA AGED ABOUT 67 YEARS Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4945 MFA No. 6236 of 2025 R/AT NO.275, EABUSAPALYA KALYANA NAGAR BENGALURU-560 043 2. SMT. BUXY ABRAHAM W/O K.O. ABRAHAM AGED ABOUT 48 YEARS R/AT NO.144, J.P.K. LAYOUT M.S.PALYA, VIDYARANYAPURA POST BENGALURU-560 097 …RESPONDENTS (BY SRI. PRAMOD NAIR, SENIOR ADVOCATE FOR SRI. NEHARICA SAHAY, ADVOCATE FOR C/R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF THE CODE OF CIVIL PROCEDURE. THIS MISCELLANEOUS FIRST APPEAL IS LISTED FOR ADMISSION, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER: ORAL JUDGMENT Sri.Ravindranath.K., counsel for the appellant and Sri.Pramod Nair., Senior counsel on behalf of Sri.Neharica Sahay., for caveator/ respondent No.2 have appeared in person. Senior counsel Sri.Pramod Nair., submits that in view of amendment to the Karnataka Civil Courts Act, the appeal shall lie before the District Court. - 3 - HC-KAR NC: 2026:KHC:4945 MFA No. 6236 of 2025 Counsel for the appellant acknowledges the said submission. Taking note of the submission made by the respective parties, the appeal is dismissed. However, a liberty is accorded for the appellant to approach the appropriate forum in accordance with law, if so advised. SD/- (JYOTI M) JUDGE MRP List No.: 1 Sl No.: 53