IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 9057 OF 2025 (CPC)

BETWEEN:

1. GOWRAMMA W/O LATE. GANGEGOWDA, AGED ABOUT 71 YEARS. KODAGAHALLI VILLAGE, SANTHEBACHAHALLI HOBLI, K. R. PETE TALUK, MANDYA DISTRICT. 2. K. G. YOGESH, S/O LATE. GANGEGOWDA, AGED ABOUT 38 YEARS.

…APPELLANTS (BY SRI. HALESHA R. GAVIMATH, ADVOCATE)

AND:

1. Y.K. RANGEGOWDA Digitally S/O LATE. MASTRI KAPANIGOWDA, signed by YALANAHALLI VILLAGE, RAMYA D HIRESAVE HOBLI, Location:

HIGH COURT CHANNARAYAPATNA TALUK, OF HASSAN DISTRICT.

KARNATAKA

2. NAGAMMA, W/O M.S. RANGEGOWDA D/O LATE GANGEGOWDA.

AGED ABOUT 57 YEARS, MAVINAKOPPALU VILLAGE, SANTHEBACHAHALLI HOBLI.

K. R. PETE TALUK, MANDYA DISTRICT.

3. JAYALAKSHMI, W/O NAGARAJU.

D/O LATE. GANGEGOWDA, AGED ABOUT 48 YEARS, NO. 397, VENKATESHWARA NILAYA, DOOR NO. 204, KENGERI UPANAGARA, BENGALURU-60.

4. SUDHA, W/O KRISHNEGOWDA, D/O LATE. GANGEGOWDA, AGED ABOUT 46 YEARS, NO.1064, 5TH CROSS, KALYANA NAGARA, NEAR ST. MARRIES CONVENT, T-DASARAHALLI, BENGALURU.

5. HEMALATHA, W/O KEERTHIKUMAR, D/O LATE. GANGEGOWDA, AGED ABOUT 42 YEARS, MAVINAKOPPALU VILLAGE, SANTHEBACHAHALLI HOBLI, K. R. PETE TALUK, MANDYA DISTRICT.

6. K. G. MANJUNATHA, S/O LATE. GANGEGOWDA, AGED ABOUT 41 YEARS.

7. K. G. YASHWANTH KUMAR, S/O LATE. GANGEGOWDA, AGED ABOUT 35 YEARS.

APPELLANTS NO.6 TO 8 ARE R/O KODAGAHALLI VILLAGE, SANTHEBACHAHALLI HOBLI, K. R. PET TALUK, MANDYA DISTRICT.

…RESPONDENTS THIS MFA IS FILED U/O 43 RULE 1(d) OF CPC, AGAINST THE ORDER DATED 03.11.2025 PASSED IN MISC. NO.04/2010 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND PRL JMFC, CHANNARAYAPATNA, WHERE IN THE PETITION IS DISMISSED.

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

CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

ORAL JUDGMENT

The office is correct in raising objection regarding maintainability of the appeal before this Court.

2. The impugned order is passed by the Additional Civil Judge and J.M.F.C., Channapatna.

3. As per Section 20 of the Karnataka Civil Courts Act, 1964, the appeal lies before the Court of Senior Civil Judge and J.M.F.C., Channapatna. Therefore, the appeal is dismissed as not maintainable. However, liberty is reserved to the appellants to file appeal before the appropriate forum.

4. The time spent for prosecuting the appeal before this Court is excluded for the purpose of limitation as per Section 14 of the Limitation Act, 1963.

5. Registry is directed to return all the certified copies to the appellants/counsel for the appellants.

SD/-

(HANCHATE SANJEEVKUMAR)

JUDGE KA List No.: 1 Sl No.: 37