IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO.510 OF 2026 (CPC)

BETWEEN:

SRI MANJUNATH B.N.

S/O SRI NATARAJ .B AGED ABOUT 51 YEARS, RESIDING AT 21, 1^ST F CROSS, J.C. NAGAR, NANDINI LAYOUT, BENGALURU-560 096. …APPELLANT (BY SRI SRIHARI N.S., ADVOCATE)

AND:

SRI .VASANTH KUMAR H.G.

S/O LATE SRI GOPALA KRISHNA, AGED ABOUT 51 YEARS, R/AT NO.23/1, HENNAGARA VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BENGALURU RURAL DISTRICT-562 105.

Digitally signed by MAHALAKSHMI B M Location: HIGH ALSO AT NO.4/01 (OLD NO.418)

COURT OF 6^TH MAIN, 4^TH CROSS, KARNATAKA BBMP WARD NO.65, HOMBEGOWDA NAGARA, WILSON GARDEN, BENGALURU-560 027. …RESPONDENT (BY SRI VISWANATHA REDDY G.A., ADVOCATE)

THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF THE CPC., AGAINST THE ORDER DATED 15.11.2025 PASSED ON I.A.NO.1 IN O.S.NO.5061/2024 ON THE FILE OF THE XIV ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-28), ALLOWING 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