- 1 - HC-KAR NC: 2026:KHC:20644 MSA No. 85 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. 85 OF 2026 BETWEEN: 1. SRI. K.R. CHANDRE GOWDA S/O LATE SRI. RUDREGOWDA AGED ABOUT 70 YEARS 2. SMT. I.C. SHASHI W/O SRI. K.R. CHANDRE GOWDA AGED ABOUT 67 YEARS, 3. SMT. K.C. SAPTHAMI D/O SRI. K.R. CHANDRE GOWDA AGED ABOUT 36 YEARS, 4. SRI. SUPRIM PATEL SON OF SRI. K.R. CHANDRE GOWDA AGED ABOUT 32 YEARS, ALL ARE RESIDING AT SUGUDAVANI VILLAGE, SHIRVASE POST, CHIKKAMAGALURU TALUK, CHIKKAMAGALURU - 577 130. …APPELLANTS (BY SRI SHAKTHIDHAR S SHANKER, ADVOCATE) AND: SRI. K.V. ASHWATHEGOWDA SON OF LATE VEERAPPA GOWDA AGED ABOUT 62 YEARS R/A SUGUDAVANI VILLAGE, Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20644 MSA No. 85 of 2026 SHIRAVASE POST, CHIKKAMAGALURU - 577 130. …RESPONDENT THIS MSA IS FILED UNDER SEC.100 OF CPC., PRAYING TO SET ASIDE THE ORDER DATED 19.12.2025 PASSED BY THE LEARNED I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHIKKAMAGALURU (ANNEXURE - A) WHEREBY THE IA NO.1 FILED BY THE RESPONDENT WAS ALLOWED AND ETC., THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL JUDGMENT It is submitted that the present appeal is filed against the order dated 19.11.2024 in O.S.No.410/2023 passed on application under Order XXXIX and Rules 1 & 2 of Code of Civil Procedure as well as the order dated 19.12.2025 in the Miscellaneous Appeal No.23/2024. 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. - 3 - HC-KAR NC: 2026:KHC:20644 MSA No. 85 of 2026 5. Liberty is reserved to the appellants to initiate 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.: 9