- 1 - HC-KAR NC: 2026:KHC:22179 MSA No. 119 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE MISCELLANEOUS SECOND APPEAL NO. 119 OF 2026 BETWEEN: MR. PHILIP K S/O. LATE MR. K. KUNJU KUNJU, AGED ABOUT 67 YEARS, PRESENTLY RESIDING AT SITE NO.6, HOREB PURAYIL, DIVINE MERCY SCHOOL ROAD, OPP. TO HALOTECH SYSTEMS PVT. LTD., KANNUR, BANGALORE - 560077. …APPELLANT (BY SRI. GEORGE PHILIP, ADVOCATE) AND: 1. MR. RAJANNA @ PAPAIAH S/O. LATE MR. ERELLAPPA, AGED ABOUT 45 YEARS, 2. MR. LAKAPPA, S/O. LATE MR. MUNIYAPPA, AGED ABOUT 40 YEARS, 3. MR. NARAYANA SWAMY, S/O. LATE MR. MUNIYAPPA, AGED ABOUT 42 YEARS, 4. MR. MANJUNATH R, S/O. MR. RAJAPPA @ PAPAIAH, AGED ABOUT MAJOR, ALL ARE RESIDING AT NO.10/3, NADAGOWDAGOLLAHALLI, Digitally signed by BELUR RANGADHAMA NANDINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22179 MSA No. 119 of 2026 BIDARAHALLI HOBLI, BENGALURU EAST TALUK, DODDAGUBBI POST, BENGALURU-560077. 5. MR. SABU T VARGHESE, S/O. LATE MR. T.V. VARGHESE, AGED ABOUT 45 YEARS, RESIDING AT HOUSE NO.606, 2ND B CROSS, (BETWEEN 6TH AND 6TH A MAIN ROAD), HRBR LAYOUT, 2ND BLOCK, KALYAN NAGAR, BANGALORE-560043. …RESPONDENTS THIS MSA IS FILED UNDER SEC 100 READ WITH SECTION 104 AND ORDER XLIII RULE 1(u) OF CPC., PRAYING TO CALL FOR THE RECORD IN OS NO.1663/2023 (NOW OS NO.179/2025) ON THE FILE OF THE HON'BLE CIVIL JUDGE AND JMFC, KRISHNARAJAPURAM, BENGALURU AND M.A.NO.71/2024 ON THE FILE OF THE HON'BLE IVTH ADDITIONAL PRINCIPAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU AND ALLOW THIS MISCELLANEOUS SECOND APPEAL, AND SET ASIDE THE JUDGMENT AND ORDER DATED 15.11.2025 PASSED IN MISCELLANEOUS APPEAL NO.71/2024 BY THE HON'BLE IVTH ADDITIONAL PRINCIPAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE - 3 - HC-KAR NC: 2026:KHC:22179 MSA No. 119 of 2026 ORAL JUDGMENT The office has raised objection relating to maintainability of the appeal. 2. This appeal is filed against the order passed under Order XLIII Rule 1(r) read with Section 96 of the Code of Civil Procedure, 1908 [Code]. 3. Since there is no provision to challenge the order passed under Order XLIII Rule 1 of the Code when an application seeking injunction is either allowed or dismissed, the Miscellaneous Second Appeal does not arise. 4. Under these circumstances, the appeal is disposed of for statistical purposes without entering into merits. 5. Liberty is reserved to the appellant to pay the appropriate fees. 6. Registry to return the impugned orders to the appellant after retaining their photocopies. Sd/- (ANANT RAMANATH HEGDE) JUDGE SA List No.: 1 Sl No.: 4