IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30^TH DAY OF JANUARY, 2026 BEFORE THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REGULAR FIRST APPEAL NO.2877 OF 2025 (INJ)

BETWEEN:

DR.DEBAJYOTHI MANDAL SON OF LATE DR.PRABODH KUMAR MANDAL AGED ABOUT 42 YEARS RESIDING AT SUN CITY APARTMENTS FLAT NO.1001, BLOCK 17 IBBALURU SARJAPUR OUTER RING ROAD BENGALURU - 560 102 …APPELLANT (BY SRI.DR.DEBAJYOTHI MANDAL, APPELLANT - PARTY-IN-PERSON)

AND:

FORTIS HOSPITAL LIMITED NO.14, CUNNINGHAM ROAD BENGALURU - 560 052.

REPRESENTED BY

1. SRI.CHANDRASEKHAR R FACILITY DIRECTOR

2. DR.VIVEKANAND JAWALI CHAIRMAN DEPARTMENT OF CARDIOVASCULAR SCIENCES …RESPONDENT (BY SRI.SHIRISH KRISHNA, ADVOCATE FOR R.1 AND R.2)

THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 4.07.2025 PASSED ON IA NO.3 IN O.S.NO.6111/2023 ON THE FILE OF I ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH-02), BENGALURU CITY., ALLOWING THE IA NO.3 FILED UNDER ORDER 7 RULES 11(a) AND (d) R/W SEC.151 OF CPC., FOR REJECTION OF PLAINT AND ETC.

THIS APPEAL HAS BEEN HEARD AND RESERVED FOR JUDGMENT ON 22.01.2026, THIS DAY, JUDGMENT WAS PRONOUNCED THEREIN, AS UNDER:

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

CA