IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO.6847 OF 2025 (CPC)

BETWEEN:

SRI L. MAHADEVA S/O LATE LAKSHMAIAH, AGED ABOUT 53 YEARS, RESIDING AT NO.244, REVENUE LAYOUT, NEAR PILLEKAMMA TEMPLE, SINGASANDRA VILLAGE, BEGUR HOBLI, BENGALURU SOUTH TALUK, BANGALORE-560068. …APPELLANT (BY SRI MANJUNATHA A., ADVOCATE)

AND:

SRI SURESHA S/O GURUVABOVI, AGED ABOUT 51 YEARS, R/AT THIRUMALAPURA VILLAGE, Digitally signed by MAHALAKSHMI B M KALINGANAHALLI POST, Location: HIGH NAGAMANGALA SUB DISTRICT, COURT OF MANDYA DISTRICT-571418. …RESPONDENT KARNATAKA (BY SRI K.N. PHANINDRA, SENIOR COUNSEL FOR SRI S. GIRIDHAR, ADVOCATE)

THIS MFA IS FILED UNDER ORDER 43 RULE 1(R) OF THE CPC., AGAINST THE ORDER DATED 07.04.2025 PASSED ON I.A.NO.1 IN O.S.NO.1961/2025 ON THE FILE OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CCH-15, REJECTING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC, 1908.

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

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

ORAL JUDGMENT

This Miscellaneous First Appeal is p