HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 2850 OF 2025 (CPC)

C/W MISCELLANEOUS FIRST APPEAL NO. 5041 OF 2024 (CPC)

IN MFA No. 2850/2025 BETWEEN:

1. MR.L.VIJAYKUMAR AGED ABOUT 43 YEARS S/O MR. H LAKKANNAGOWDA, RESIDING AT NO. 93/2/4, 4TH MAIN, 4TH B CROSS, NEAR ANJANEYA TEMPLE, 6TH BLOCK, KATHRIGUPPE, BSK III STAGE, BENGALURU - 560 085. 2. MR. M MANJUNATH AGED ABOUT 48 YEARS, Digitally S/O LATE MARIYAPPA signed by RESIDING AT NO. 5/3/2, RAMYA D OLD GRAMATANA AREHALLI VILLAGE, Location:

UTTARAHALLI HOBLI, BENGALURU - 560 061.

HIGH COURT OF …APPELLANTS KARNATAKA (BY SRI. NAGARAJA S, ADVOCATE)

AND:

1. MRS. N.S. GEETHA AGED ABOUT 70 YEARS W/O MR. H.R. SUDARSHAN PRASAD, RESIDING AT NO. B 1003 CHARTERED BEVERLY HILLS SUBRAMANYA PURA, BENGALURU - 560 061.

HC-KAR

2. MRS. CHOWDAMMA AGED ABOUT 73 Y EARS W/O LATE V. KRISHNAPPA, 3. MR. K MARIYANNA AGED ABOUT 50 YEARS W/O LATE V. KRISHNAPPA.

4. MR. K. PARAMESH AGED ABOUT 48 YEARS W/O LATE V. KRISHANAPPA RESPONDENTS NO.2 TO 3 ARE RESIDENTS OF NO. 69, III CROSS, NEAR KABBALAMMA TEMPLE, AREHALLI MAIN ROAD, VADDARAPALYA SUBRAMANYA PURA POST, UTTARA HALLI HOBLI, BENGALURU - 560 061.

5. MRS. K CHANDRAMMA AGED ABOUT 52 YEARS, D/O LATE V KRISHNAPPA, W/O MR. B. RAJANNA

6. KUM. BINDUSHREE R AGED ABOUT 24 YEARS D/O MR. B RAJANNA

7. KUM. DIKSHITHA R, AGED ABOUT 19 YEARS D/O MR. B. RAJANNA NO.5 TO 7 ARE RESIDENTS OF NO. 151/1, SRINIDHI LAYOUT, AREHALLI VILLAGE SUBRAMANYA PURA POST, UTTARAHALLI HOBLI, BENGALURU - 560 061.

…RESPONDENTS (BY SRI. H MANJUNATH, ADVOCATE FOR R1;

R2 TO R7 NOTICE DISPENSED WITH VIDE ORDER DATED

17.11.2025)

HC-KAR THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 18.12.2023 PASSED ON I.A.NO.II IN OS.NO. 26542/2023 ON THE FILE OF THE 74TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (CCH-75), ALLOWING THE I.A.NO.II FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC.

IN MFA NO. 5041/2024:

BETWEEN:

1. MR.L.VIJAYKUMAR AGED ABOUT 43 YEARS S/O MR. H LAKKANNAGOWDA, RESIDING AT NO. 93/2/4, 4TH MAIN, 4TH B CROSS, NEAR ANJANEYA TEMPLE, 6TH BLOCK, KATHRIGUPPE, BSK III STAGE, BENGALURU - 560 085.

2. MR. M MANJUNATH AGED ABOUT 48 YEARS, S/O LATE MARIYAPPA RESIDING AT NO. 5/3/2, OLD GRAMATANA AREHALLI VILLAGE, UTTARAHALLI HOBLI, BENGALURU - 560 061.

...APPELLANTS (BY SRI. MANJUNATH H, ADVOCATE FOR R1;

R2 TO R7 - NOTICE DISPENSED WITH VIDE ORDER DATED 23.01.2025)

AND:

1. MRS. N.S. GEETHA AGED ABOUT 70 YEARS W/O MR. H.R. SUDARSHAN PRASAD, RESIDING AT NO. B 1003 CHARTERED BEVERLY HILLS SUBRAMANYA PURA, BENGALURU - 560 061.

HC-KAR

2. MRS. CHOWDAMMA AGED ABOUT 73 Y EARS W/O LATE V. KRISHNAPPA, 3. MR. K MARIYANNA AGED ABOUT 50 YEARS W/O LATE V. KRISHNAPPA.

4. MR. K. PARAMESH AGED ABOUT 48 YEARS W/O LATE V. KRISHANAPPA RESPONDENTS NO.2 TO 3 ARE RESIDENTS OF NO. 69, III CROSS, NEAR KABBALAMMA TEMPLE, AREHALLI MAIN ROAD, VADDARAPALYA SUBRAMANYA PURA POST, UTTARA HALLI HOBLI, BENGALURU - 560 061.

5. MRS. K CHANDRAMMA AGED ABOUT 52 YEARS, D/O LATE V KRISHNAPPA, W/O MR. B. RAJANNA

6. KUM. BINDUSHREE R AGED ABOUT 24 YEARS D/O MR. B RAJANNA

7. KUM. DIKSHITHA R, AGED ABOUT 19 YEARS D/O MR. B. RAJANNA NO.5 TO 7 ARE RESIDENTS OF NO. 151/1, SRINIDHI LAYOUT, AREHALLI VILLAGE SUBRAMANYA PURA POST, UTTARAHALLI HOBLI, BENGALURU - 560 061.

...RESPONDENTS (BY SRI. MANJUNATH H, ADVOCATE FOR R1;

R2 TO R7 - NOTICE DISPENSED WITH VIDE ORDER DATED 23.01.2025)

HC-KAR THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.16.07.2024 PASSED ON IA NO.3 IN O.S.NO.26542/2023 ON THE FILE OF THE 74TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU, (CCH-75), REJECTING IA NO.3 FILED BY THE DEFENDANTS NO.7 AND 8 U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC.

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

CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

ORAL JUDGMENT

M.F.A.No.2850/2025 is filed by defendant No.7 and 8 q