IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO.303 OF 2026 (CPC)

BETWEEN:

SRI MAHAVEER .P S/O LATE SRI N. PARASMAL JAIN, AGED ABOUT 51 YEARS, R/AT NO.1095, 8^TH CROSS, ASHOK NAGAR, BANASHANKARI 1^ST STAGE, BANGALORE-560050.

…APPELLANT (BY SRI RAVINDRA P., ADVOCATE)

AND:

SRI OM PRAKASH S/O SRI NANAK RAM CHOUDHARY AGED ABOUT 40 YEARS, R/AT NO.143, 1^ST MAIN, Digitally signed by 3^RD CROSS, DODDANEKKUNDI, MAHALAKSHMI B M BENGALURU-560037.

Location: HIGH COURT OF …RESPONDENT KARNATAKA THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 04.12.2025 PASSED ON I.A.NO. VIII IN O.S.NO.4599/2023 ON THE FILE OF THE X ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-26), REJECTING THE I.A.NO.VIII FILED UNDER ORDER XL RULE 1 OF CPC.

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

CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL JUDGMENT

The present miscellaneous first appeal is preferred by the defendant assailing the order dated 04.12.2025 passed by the Court of X Additional City Civil and Sessions Judge, Bengaluru (CCH-26) (‘T