Disposed¶34

Sri H Omkarappa v. Sri Shivakumar

Karnataka HC29 Jun 2026MFA/7551/2023

Case brief

AI extract

What is this about?

Karnataka HC (Bengaluru) | MFA No. 7551 of 2023 (CPC) | Justice Pradeep Singh Yerur | decided 29.06.2026 | maintainability of appeal under Order XLIII Rule 1(d) CPC against order dated 04.10.2023 of Senior Civil Judge and JMFC, Channagiri in Civil Misc. Petition No.05/2019 allowing an Order IX Rule 13 CPC petition | appeal disposed of as not maintainable; liberty to pursue appropriate proceedings before appropriate forum; time condoned if such proceedings filed | counsel for appellant absent; no precedents engaged.

What did the court decide?

Liberty to the appellant to prefer appropriate proceedings before the appropriate forum; time spent in this appeal shall be condoned if any such proceedings are filed. ¶34

Sri H Omkarappa Vs Sri Shivakumar — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:32014 MFA No. 7551 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29^TH DAY OF JUNE, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 7551 OF 2023 (CPC)

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BETWEEN:

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SRI. H. OMKARAPPA SON OF LATE. BASAPPA, AGED ABOUT 82 YEARS, RESIDING AT KAKANUR VILLAGE, UBRANI HOBLI, CHANNAGIRI TALUK, DAVANAGERE DISTRICT, PIN CODE-577 552.

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…APPELLANT

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(BY SRI. SIDDAMALLAPPA P.M.,ADVOCATE (ABSENT))

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AND:

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Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA

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SRI. SHIVAKUMAR SON OF LATE. BASAVANTAPPA, AGED ABOUT 69 YEARS, RESIDING AT KAKANUR VILLAGE, UBRANI HOBLI, CHANNAGIRI TALUK DAVANAGERE DISTRICT PIN CODE-577 552.

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SRI.H.B MANJUNATHA, SON OF LATE BASAVANTAPPA, AGED ABOUT 49 YEARS, RESIDING AT KAKANUR VILLAGE, UBRANI HOBLI, CHANNAGIRI TALUK DAVANAGERE DISTRICT PIN CODE-577 552.

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2 - NC: 2026:KHC:32014 MFA No. 7551 of 2023

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HC-KAR

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SMT. SUNANDAMMA WIFE OF LATE H. KALLAPPA, AGED ABOUT 74 YEARS, RESIDING ANJANEYA BHADAVANE, NEAR ANJANEYA TEMPLE ROAD, DOOR NO.3683/17-A-13 KALLESHWARA KRUPA, DAVANAGERE TOWN PIN CODE-577 104.

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SRI. GIRISH, SON OF LATE H.KALLAPPA, AGED ABOUT 54 YEARS, RESIDING AT ANJANEYA BHADAVANE, NEAR ANJANEYA TEMPLE ROAD, DOOR NO.3683/17-A-13 KALLESHWARA KRUPA, DAVANAGERE TOWN PIN CODE-577 104.

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SMT. NAGAMMA WIFE OF KUMARAPPA, AGED ABOUT 54 YEARS, RESIDING AT SANTHEBENNUR VILLAGE, SANTHEBENNUR HOBLI, CHANNAGIRI TALUK DAVANAGERE DISTRICT PIN CODE-577 552.

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SMT. REKHAMMA WIFE OF KUMARAPPA, AGED ABOUT 49 YEARS, RESIDING AT SINGANAHALLI VILLAGE, HOLALKERE TALUK, CHITRADURGA DISTRICT, PIN CODE-577 526.

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SRI.H.B.PRAKASH SON OF LATE BASAVANTAPPA, AGED ABOUT 42 YEARS, RESIDING AT KAKANUR VILLAGE,

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3 - NC: 2026:KHC:32014 MFA No. 7551 of 2023

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HC-KAR

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UBRANI HOBLI, CHANNAGIRI TALUK DAVANAGERE DISTRICT PIN CODE-577 552.

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…RESPONDENTS

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THIS MFA IS FILED U/O.43 RULE 1(d) OF THE CPC, AGAINST THE ORDER DT.04.10.2023 PASSED IN CIVIL MISC. PETITION NO.05/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, CHANNAGIRI, ALLOWING THE PETITION FILED U/O.9 RULE 13 OF CPC.

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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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No representation on behalf of the appellant.

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2. Registry has raised objection with regard to

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maintainability of this appeal on the ground that the impugned order challenged is the allowing of application filed under Order IX Rule 13 of CPC, which is not contemplated under Order XLIII Rule 1(d).

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3. Sustaining the objections raised by the

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Registry, this appeal is disposed of as not maintainable. Reserving liberty to the appellant to prefer appropriate proceedings before the appropriate forum. Time spent

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NC: 2026:KHC:32014 MFA No. 7551 of 2023

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HC-KAR

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herein shall be condoned, if any such proceedings are

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filed.

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Sd/(PRADEEP SINGH YERUR) JUDGE

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