Dismissed¶50

Sri R B C Parameshwara Aradhya Since Deceased by His Lrs v. Sri M S Malappa

Karnataka HC3 Jul 2026MFA/2619/2025

Case brief

AI extract

What is this about?

MFA No. 2619 of 2025 (CPC), High Court of Karnataka, decided 03-07-2026 by Justice Pradeep Singh Yerur (NC: 2026:KHC:33382). Appeal under S. 96 CPC by LRs of R.B.C. Parameshwara Aradhya v. M.S. Malappa and M/s Baryetes Chemie (India) P Ltd.; challenged rejection of I.A.No.4/2023 (O.XVIII R.17 r/w S.151 CPC) in Misc.No. 561/2013 seeking recall of order dated 08.06.2018 and cross-examination of PW.11; appeal dismissed as not maintainable on Registry's objection; liberty to file permissible proceedings before appropriate forum; Limitation Act, 1963 exclusion of time.

What did the court decide?

Liberty reserved to the appellants to file such proceedings as may be permissible in law before the appropriate Forum; time spent before this Court to be excluded under the Limitation Act, 1963. ¶50

Sri R B C Parameshwara Aradhya Since Deceased by His… — Company and Corporate | Karnataka HC (2026)

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NC: 2026:KHC:33382 MFA No. 2619 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF JULY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 2619 OF 2025 (CPC)

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BETWEEN:

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SRI R B C PARAMESHWARA ARADHYA SINCE DECEASED BY HIS LRS

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SRI.P.YOGESHWARA ARADHYA

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1. S/O LATE R.B.C.PARAMESHWARA ARADHYA, AGED ABOUT 59 YEARS.

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SRI.P.LINGA MURTHY, S/O LATE R.B.C.PARAMESHWARA ARADHYA, AGED ABOUT 56 YEARS.

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SMT. P. PUSHPALATHA, D/O LATE R.B.C.PARAMESHWARA ARADHYA, AGED ABOUT 58 YEARS,

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Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH

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Location: HIGH COURT OF KARNATAKA

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SMT. PRASHANTHA, D/O LATE R.B.C.PARAMESHWARA ARADHYA, AGED ABOUT 56 YEARS.

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ALL ARE R/AT NO.195, 38^TH CROSS, JAYANAGAR 5^TH BLOCK, BENGALURU - 560 041.

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…APPELLANTS

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(BY SRI. SHILPA RANI.,ADVOCATE)

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AND:

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SRI M S MALAPPA DIRECTOR,

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NC: 2026:KHC:33382 MFA No. 2619 of 2025

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HC-KAR

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M/S BARYETES CHEMIE (INDIA) P LTD., NO.50/6, APARNA THEATRE COMPLEX, S.C.ROAD,

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BENGALURU - 560 009

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M/S. BARYETES CHEMIE (INDIA) P LTD., A PRIVATE LIMITED COMPANY INCORPORATED UNDER THE PROVISIONS OF THE INDIAN COMPANIES ACT, 1956, AND HAVING ITS REGISTERED OFFICE AT NO.50/6, APARNA THEATRE COMPLEX, S.C. ROAD, BENGALURU - 560 009 REPRESENTED BY ITS MANAGING DIRECTOR

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SRI.M.S.PAPANNA, SINCE DECEASED BY HIS L.RS.

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3A. SMT.P.SHANTHA, W/O LATE M.S.PAPANNA, AGED ABOUT 75 YEARS.

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3B. SRI.M.P.SRINIVASAMURTHY, S/O LATE M.S.PAPANNA, AGED ABOUT 46 YEARS.

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3C. SMT. MANJULA, D/O LATE M.S.PAPANNA, AGED ABOUT 41 YEARS.

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3D. SMT.MEERA, D/O LATE M.S.PAPANNA, AGED ABOUT 48 YEARS. RESPONDENTS NO.3A TO 3D ARE R/AT NO.60/1, GROUND FLOOR, 7^TH CROSS, 8^TH MAIN, RMV EXTN., BENGALURU - 560 080.

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…RESPONDENTS

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NC: 2026:KHC:33382 MFA No. 2619 of 2025

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HC-KAR

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THIS MFA IS FILED U/S 96 OF CPC, PRAYING TO SET ASIDE THE ORDER DT. 15.12.2023 PASSED IN MISC.NO. 561/2013 ON THE FILE OF THE XLI ADDITIONAL CITY CIVIL AND SESSION JUDGE, CCH 42 , BENGALURU.

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

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CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

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ORAL JUDGMENT

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T he present appeal has been preferred by the appellants, who are the legal heirs of late Sri R.B.C.

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Parameshwara Aradhya, the original respondent No.1 in Miscellaneous Petition No.561/2013. During the pendency

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of the said Miscellaneous Petition, the appellants filed

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I.A.No.4/2023 under Order XVIII Rule 17 read with

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Section 151 of the Code of Civil Procedure, seeking to reopen the case by recalling the order dated 08.06.2018 and to permit the legal heirs of respondent No.1 to cross-examine PW.11. The said application came to be rejected by the Trial Court. Aggrieved by the said order of rejection, the present appeal has been preferred.

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NC: 2026:KHC:33382 MFA No. 2619 of 2025

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HC-KAR

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2. The Registry has raised objection regarding

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maintainability of the appeal. Accepting the said objection

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raised by the Registry, this appeal is dismissed as not maintainable .

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