IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.3218 OF 2025 (CPC)

BETWEEN:

SRI. UDAYA SHANKAR BABU S/O MUNISWAMY, AGED ABOUT 62 YEARS R/O NO 114/2, NANJAPPA LAYOUT, BENGALURU - 560 097 …APPELLANT (BY SMT. SUSHEELA, SR. ADVOCATE FOR SMT. K. SHOBHA, ADVOCATE)

AND:

SRI. UMESHA S C S/O LATE CHANNEGOWDA @ SANNEGOWDA Digitally signed by AGED ABOUT 50 YEARS RAMYA D R/O SATHANURU VILLAGE AND POST, Location: SATHANURU HOBLI, HIGH KANAKAPURA TALUK COURT OF KARNATAKA …RESPONDENT (BY SRI.PRAKASH.M.H, ADVOCATE)

THIS MFA FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT. 28.02.2025 PASSED ON IA NO.III IN O.S.NO.437/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, KANAKAPURA, REJECTING THE IA.NO. III FILED U/O.39 RULE 4 R/W SEC.151 OF CPC, 1908.

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

CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

ORAL JUDGMENT

Though the appeal is listed for admission, with consent of both the learned counsel appearing for the parties, the matter is taken up for final disposal.

2. This appeal is filed by th