IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO. 7726 OF 2019 (CPC)

BETWEEN:

SRI RAJU S/O SRI PONNA PUJARI, AGED ABOUT 45 YEARS, R/A NO.9-4/2, 6^TH CROSS, MASJID ROAD, OLD OKALIPURAM, BENGALURU - 560 021.

…APPELLANT (BY SRI. T PRAKASH.,ADVOCATE)

AND:

M/S NAVAKAR REGISTERED PARTNERSHIP FIRM, HAVING ITS REGISTERED OFFICE AT:

NO.22/1, MADARSAB LANE, Digitally signed by MAHALAKSHMI B M COTTONPET, Location: HIGH COURT OF BENGALURU - 560 053.

KARNATAKA REPRESENTED BY ITS PARTNERS, SRI SUSHIL KUMAR AND MR NOORULLA.

…RESPONDENT (BY SRI. R B SADASIVAPPA.,ADVOCATE)

THIS MFA FILED U/O. 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED. 19.02.2019, PASSED ON IA.NO.I, IN O.S. NO.7501/2018, ON THE FILE OF THE LVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-59), BENGALURU, ALLOWING THE IA.NO.I, FILED U/O.39 RULES 1 AND 2 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 filed by the defendant calling in question the order dated 19.02.2019 passed on I.A.No.1 i