THIS MFA IS FILED U/O. 43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED 13.10.2025 PASSED ON I.A.NO. IX IN R.A.NO.136/2021 ON THE FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU, ALLOWING IA NO.IX FILED U/O. 39 RULE 1 AND 2 OF CPC.

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

CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

ORAL JUDGMENT

This appeal is preferred by the defendants questioning the impugned order dated 13.10.2025 passed in R.A.No.136/2021 so far as it relates to IA No.9 filed by the plaintiff/respondent herein under Order XXXIX Rule 1 and 2 read with Section 151 of CPC.

2. The facts of the case are as follows.

The respondent was the plaintiff in O.S.No.76/2020, filed before the Senior Civil Judge and JMFC, Kunigal. In the said suit, the appellant No.1 was the sole defendant. In the said suit, the sole defendant filed IA No.3 under Order VII Rule 11 (d) of CPC for rejection of the plaint for the reasons stated therein.

3. Upon contest, the said application came to be allowed vide dated 21.09.2021 partly and the Court directed the plaintiff therein to value the property as per the guidelines issued by the State o