IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO. 8307 OF 2024 (CPC)

BETWEEN:

1. SMT. B PUSHPALATHA V PRASAD W/O SRI. B S VAGESH PRASAD, AGED ABOUT 53 YEARS.

2. SMT. B SHIKA V PRASAD, D/O SRI. B S VAGESH PRASAD, AGED ABOUT 30 YEARS BOTH RESIDING AT NO.1736, 12^TH MAIN, 31^ST CROSS, BANASHANKARI 2^ND STAGE, BENGALURU – 560 070.

…APPELLANT (BY SRI. PANINI A H.,ADVOCATE)

Digitally signed by AND:

MAHALAKSHMI B M Location: HIGH COURT OF SRI. H N BALANARASIMHA KARNATAKA S/O LATE NARAYANAGOWDA, AGED ABOUT 67 YEARS, R/O HERINDYAPANAYHALLI VILLAGE, KODIHALLI HOBLI, KANAKAPUARA TALUK, RAMANAGARA DISTRICT – 562159.

…RESPONDENT THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 03.09.2024 PASSED ON I.A.NO.1 IN OS.NO.19/2024 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, KANAKAPURA, ALLOWING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC.

THIS APPEAL, COMING ON FOR ORDERS, 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 defe