IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO.4366 OF 2021 (CPC)

BETWEEN:

SRI RAMAIAH @ K RAMAIAH S/O LATE SRI KADARAIAH AGED ABOUT 54 YEARS R/AT MALLASANDRA VILLAGE SONDEKOPPA POST DASANAPURA HOBLI 562 130 BENGALURU NORTH TALUK BENGALURU RURAL DISTRICT. …APPELLANT (BY SRI. NANJUNDARADHYA B.G., ADVOCATE)

AND:

1. SMT. MUNIYAMMA W/O LATE NARASIMHAMURTHY AGED ABOUT 52 YEARS, Digitally signed by MAHALAKSHMI B M 2. SRI MANJUNATHA Location: HIGH S/O LATE NARASIMHAMURTHY COURT OF AGED ABOUT 33 YEARS, KARNATAKA

3. SRI HEMANTHKUMAR S/O LATE NARASIMHAMURTHY AGED ABOUT 32 YEARS, 4. SMT. DIVYA S/O LATE NARASIMHAMURTHY AGED ABOUT 30 YEARS, RESPONDENT NOS.1 TO 4 ARE R/AT NAGAROOR COLONY DASANPUR HOBLI BENGALURU NORTH TALUK BENGALURU RURAL DISTRICT-562 162. …RESPONDENTS (BY SRI GUNJAL BASAPPA MAHALINGAPPA, ADVOCATE)

THIS MFA IS FILED UNDER SECTION 104 R/W ORDER 43 RULE

1(r) OF THE CPC., AGAINST THE ORDER DATED 02.09.2021 PASSED ON I.A.NO.1 IN O.S.NO.488/2016 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, NELAMANGALA, ALLOWING I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC.

THIS APPEA