IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO.7993 OF 2025 (CPC)

BETWEEN:

1. SRI SHRIDHAR BABU S/O. LATE BALARAM, AGED ABOUT 60 YEARS, RESIDING AT #1293, PRAKASHA NILAYA, 10^TH MAIN ROAD, VIJAYANAGAR, BENGALURU-560 040.

2. SRI B. RAMESH BABU S/O. LATE BALARAM, AGED ABOUT 59 YEARS, RESIDING AT #31/12, 13^TH MAIN ROAD, VIJAYANAGAR, BENGALURU-560 040. …APPELLANTS (BY SRI G.B. SHARATH GOWDA, ADVOCATE)

Digitally signed by AND:

MAHALAKSHMI B M Location: HIGH COURT OF SMT. B. UMADEVI KARNATAKA D/O. LATE BALARAM, W/O. KRISHNA AGED ABOUT 62 YEARS, RESIDING AT #1016, 7^TH CROSS, VIJAYANANDA NAGARA, NANDHINI LAYOUT, BENGALURU-540 096. …RESPONDENT (BY SRI VAKKUND SONATAI GANAPATHRAO, ADVOCATE)

THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF THE CPC., AGAINST THE ORDER DATED 22.09.2025 PASSED ON I.A.NO.1 IN O.S.NO.3435/2025 ON THE FILE OF THE IX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH.5), ALLOWING I.A.NO.1 FILED U/O.39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC.

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

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