IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO.6264 OF 2022 (CPC)

BETWEEN:

SRI PRAKASH S/O LATE SAMBASHIVAIAH, AGED ABOUT 50 YEARS, R/AT NO.B-90, SAMEERAPURA, GAVIPURAM GUTTAHALLI, BANGALORE-560004.

…APPELLANT (BY SRI S. VIJAYA KUMAR, ADVOCATE)

AND:

SMT. RANI VIJAYAKUMAR W/O VIJAY KUMAR, AGED ABOUT 58 YEARS, OPP. POLICE STATION, KEMPEGOWDA NAGARA, Digitally signed by GAVIPURAM CIRCLE, MAHALAKSHMI B M GAVIPURAM GUTTAHALLI, Location: HIGH COURT OF BENGALURU-560004.

KARNATAKA …RESPONDENT THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) R/W SECTION

151 OF CPC, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 21.07.2022 PASSED ON I.A.NO.II IN O.S.NO.5945/2021 ON THE FILE OF THE XIV ADDITIONAL CITY CIVIL JUDGE, BENGALURU CCH.NO.28 UNDER ORDER 39 RULE 4 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

This Miscellaneous First Appeal is preferred by the defendant No. 1 assailing the order dated 21.07.2022 on I.A. Nos. I and II in OS No. 5945/2021, on the file of the XIV Additional City Civil Judge