IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.5551 OF 2025 (CPC)

BETWEEN:

MR. M.M.PRASANNA KUMAR SON OF LATE MUDDAPPA, AGED ABOUT 63 YEARS, RESIDING AT NO.441, 8^TH MAIN ROAD, SADASHIVANAGAR, BANGALORE – 560 080.

…APPELLANT (BY SRI. ADITYA NARAYAN., ADVOCATE)

AND:

MR. D.VINOD SIVAPPA Digitally SON OF LATE D.SIVAPPA, signed by AGED ABOUT 70 YEARS, RAMYA D RESIDING AT NO.4, LAVELLE ROAD, 1^ST CROSS, BANGALORE-560 001.

Location:

…RESPONDENT HIGH COURT (BY SRI. MANU PRABHAKAR KULKARNI, ADV., A/W OF MS. SHRISTI WIDGE., ADVOCATE FOR C/R)

KARNATAKA THIS MFA FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.17.07.2025 PASSED ON IA NO.1 IN O.S.NO.3401/2025 ON THE FILE OF THE XXXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE CCH-14, C/C V ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CCH-13, DISMISSING THE IA.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SEC.151 OF CPC, 1908 & ETC.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

ORAL JUDGMENT

This appeal is filed by the plaintiff questioning