IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 3310 OF 2021 (CPC)

BETWEEN:

SRI. S.V. GANESH AGED ABOUT 55 YEARS S/O SRI. VENKATAPPA RESIDING AT NO. 8, ROGER'S ROAD RICHARDS TOWN BENGALURU - 560 005.

…APPELLANT (BY SRI. SANJAY KRISHNA V, ADVOCATE)

AND:

SRI. B RAMACHANDRAPPA S/O LATE BALAPPA AGED ABOUT 67 YEARS R/AT VENKATESHWARA NILAYA ROJIPURA, COURT ROAD, DIVISION NO.27, Digitally signed by RAMYA D DODDABALLAPURA - 561 203 Location: …RESPONDENT HIGH COURT (RESPONDENT IS SERVED)

OF KARNATAKA THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF DsRLHOKoAAiFIgcGnMateNtaYdlC byOD:UKRT CPC,1908 AGAINST THE ORDER DATED 24.02.2021 PASSED ON I.A. NO.I IN O.S.NO. 415/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, DODDABALLAPUR, ALLOWING I.A. NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC.

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

CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

ORAL JUDGMENT

The appeal is filed by the appellant/defendant challenging the order passed on I.A.No.1 filed under Order XXXIX Rule 1 and