IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

MISCELLANEOUS FIRST APPEAL NO.3634 OF 2024 (CPC)

BETWEEN:

SRI.M.RAGHU

AGED ABOUT 60 YEARS,

S/O LATE MUNISWAMAPPA,

RESIDING AT NO.26/1, 1^ST FLOOR,

BENSON TOWN, BENSON ROAD,

BENGALURU – 560 046

…APPELLANT

(BY SMT. NEERAJA KARANTH, ADVOCATE)

AND:

1. SRI. P.MUNIYAPPA

AGED 71 YEARS,

S/O LATE POOJAPPA,

Digitally

2. SRI. UDAY KUMAR. M,

signed by

RAMYA D AGED 40 YEARS,

S/O LATE P MUNIYAPPA,

Location:

HIGH

COURT OF

BOTH ARE RESIDING AT NO.104,

KARNATAKA

SARAIPALYA (VIDYA SAGARA),

THANISANDRA MAIN ROAD,

DR SRK NAGAR POST,

BENGALURU – 560 077.

…RESPONDENTS

(BY SRI. K.H, THIMMAIAH, ADVOCATE FOR R2(NOC);

SRI. HARISHA O.K, ADVOCATE FOR R1(NOC))

THIS MFA FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.03.02.2024 PASSED IN O.S.NO.7168/2022 ON THE FILE OF THE VII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (CCH-19), DISMISSING IA NO.1 FILED U/O.39 RULE 1 AND 2 R/W SEC.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

Though the appeal is listed for admission, with the co