Late Thirumalaiah, v. Smt. Siddagangamma
Case brief
What is this about?
Karnataka High Court, Bengaluru — Justice Pradeep Singh Yerur — judgment dated 09-06-2026 — NC: 2026:KHC:27641 — MFA No. 3325 of 2026 (CPC) — maintainability of Miscellaneous First Appeal — appeal under Order XLIII Rule 1(c) CPC dismissed as not maintainable on Registry objection conceded by appellants' counsel — challenged order: 03-01-2019, Misc. No. 5/2010, Additional City Civil Judge and JMFC, Nelamangala, dismissing petition under Order IX Rule 13 CPC, 1908 — parties: legal heirs of Late Thirumalaiah (appellants; advocates Sandesh C.R. for Jayaraj D.S.) versus legal heirs of Smt. Siddagangamma (respondents) — relief: liberty to approach appropriate forum; limitation exclusion under Limitation Act, 1963 — no monetary quantum; no precedent cases discussed.
What did the court decide?
Liberty reserved to the appellants to file such application, appeal or petition as may be permissible in law before the appropriate Forum; time spent before this Court to be excluded under the Limitation Act, 1963 while computing limitation.