- 1 - HC-KAR NC: 2026:KHC:24333 MFA No. 2773 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO. 2773 OF 2026 (CPC) BETWEEN: 1. SRI. YARLAGADDA VENKATARAM KUMAR S/O YARLAGADDA RAJENDRA PRASAD, AGED ABOUT 50 YEARS REPRESENTED BY GPA HOLDER, SRI. SUBBARAO ADUSUMALLI, S/O RAMAIAH, AGED ABOUT 49 YEARS, R/AT 1-344, KUNDURU (EAST), KOMMALAPADU, PRAKASHAM DISTRICT, ANDHRA PRADESH - 523 303. 2. SMT. LAVANYA BODDAPATI W/O SUBBARAO ADUSUMALLI, AGED ABOUT 43 YEARS, R/AT 1-344, KUNDURU (EAST), KOMMALAPADU, PRAKASHAM DISTRICT, ANDHRA PRADESH - 523 303 3. SRI. ANESH BABU BOBBA S/O BABURAO BOBBA, AGED ABOUT 48 YEARS, R/AT D.NO.77-16/1-13, LAKSHMINAGARA, AJITH SINGH NAGAR POST, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24333 MFA No. 2773 of 2026 VIJAYAWADA, N.T.R DISTRICT, ANDHRA PRADESH - 520 015 4. SRI. NANDAKISHORE NARA S/O VENKATESHAIAH NARA, AGED ABOUT 49 YEARS, R/AT PLOT NO.B-704, VASVANI BRENTWOOD, VIBHGOR SCHOOL ROAD, KUNDALAHALLI GATE SIGNAL, TUBARAHALLI, BENGALURU – 560 066 …APPELLANTS (BY SRI. VENKAT SATYANARAYANA A.,ADVOCATE) AND: 1. SMT. SWAPNA T.C W/O KRISHNAREDDY M.G., D/O T.N.CHANGALARAYAREDDY, AGED ABOUT 45 YEARS, R/AT SRINIVASACHARLAHALLI VILLAGE, VATADAHOSAHALLI POST AND HOBLI, GOWRIBINDANUR TALUK, CHIKKABALLAPURA DISTRICT - 561 228 2. SRI. T.N.CHANGALARAYAREDDY (SINCE DEAD BY HIS LRS) S/O LATE. NARAYANAREDDY, AGED ABOUT 71 YEARS, (LRS BEING RESPONDENT NO.1 AND RESPONDENT NOS. 3 AND 4 HEREIN) 3. SRI. T.C.SOMASHEKARA REDDY S/O T.N.CHANGALARAYAREDDY, - 3 - HC-KAR NC: 2026:KHC:24333 MFA No. 2773 of 2026 AGED ABOUT 49 YEARS, R/AT PATHABAGEPALLI VILLAGE, KASABA HOBLI, BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT 4. SRI. T.C.RAGHAVENDRA REDDY S/O T.N.CHANGALARAYAREDDY, AGED ABOUT 42 YEARS, R/AT PATHABAGEPALLI VILLAGE, KASABA HOBLI, BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT. 5. SRI. DIVYAKOLU VENKATESHWARALU S/O D.RAMAIAH, AGED ABOUT 57 YEARS, R/AT NO.11-7-6/17, NAVODAYA NAGARA, VINAYAKA TOWERS, NARASARAOPETE POST AND MANDAL, GUNTURU DISTRICT, ANDHRA PRADESH - 522 601. 6. SRI. VADLAMUDI MOHANRAO S/O KOTAIAH, AGED ABOUT 46 YEARS, R/AT NO.8-143, VADLAMUDIVARIPALYAM VILLAGE AND POST, ROMICHERLU MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH - 522 617 7. SRI. RAMASWAMYREDDY PEDINEKALUVA S/O RAMACHANDRAREDDY PEDINEKALUVA, - 4 - HC-KAR NC: 2026:KHC:24333 MFA No. 2773 of 2026 AGED ABOUT 43 YEARS, R/AT NO.28, 14TH MAIN ROAD, E-BLOCK, SAHAKARANAGAR, BENGALURU - 560 092 8. SRI. SAIDARAV PEMMASANI S/O LAKSHMAIAH PEMMASANI, AGED ABOUT 51 YEARS, R/AT PLOT NO.A524, WESTERN PLAZA, O.U LAYOUT, RAYIDURGA, GOLKONDA, HYDERABAD, TELANGANA - 500 008 9. SMT. B.RAVINDAR REDDY S/O B.PURUSHOTTAM REDDY, AGED ABOUT 46 YEARS, R/AT NO.3-1, BPR FARM HOUSE, KALLUDEVANAKUNTA, MANTRALAYAM MANDALAM, KARNOOL DISTRICT, ANDHRA PRADESH - 518 345 …RESPONDENTS THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 09.01.2026 PASSED ON I.A.NO.I IN OS.NO.603/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE, BAGEPALLI, ALLOWING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR NC: 2026:KHC:24333 MFA No. 2773 of 2026 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT Learned counsel for the appellants has filed a memo, which reads as under: " It is respectfully submitted that, this Hon'ble Court may kindly dispose the appeal by granting liberty to approach the District Court and time spent before this Court may considered for the purpose of delay." 2. The said memo is taken on record. 3. In view of the memo, the Miscellaneous First Appeal stands disposed of with liberty to approach the appropriate Court in accordance with law. 4. The time spent in prosecuting the appeal before this Court is made available to the appellants under Section 14 of the Limitations Act, 1963. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 7