Dismissed¶80

Sri P Srinivasa v. Smt. Padmamma

Karnataka HC29 Jun 2026MFA/7898/2024

Case brief

AI extract

What is this about?

MFA No. 7898 of 2024 (CPC), High Court of Karnataka at Bengaluru, Justice Pradeep Singh Yerur, decided 29-06-2026. Maintainability of Miscellaneous First Appeal under Order 43 Rule 1(r) CPC against order dated 02.09.2024 in O.S. No. 384/2019 allowing application under Order VII Rule 11(a) and (d) CPC; held such order amounts to a decree and appeal is not maintainable; appeal dismissed with liberty to pursue appropriate proceedings before appropriate forum and time spent condoned.

What did the court decide?

Liberty reserved to the appellant to prefer appropriate proceedings before the appropriate forum; time spent in this appeal shall be condoned. ¶80

Sri P Srinivasa Vs Smt. Padmamma — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:32085 MFA No. 7898 of 2024

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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.7898 OF 2024(CPC)

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BETWEEN:

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SRI. P. SRINIVASA S/O LATE SRI. MUNISHAMI AGED ABOUT 72 YEARS RESIDING AT. MARENAHALLI VILLAGE, JALA HOBLI, EARLIER DEVANAHALLI TALUK, PRESENTLY YELAHANKA TALUK BENGALURU RURAL DISTRICT.

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PRESENTLY RESIDING AT NO.5, 2^ND MAIN, NEAR DURGA MAHESHWARI TEMPLE, VINAYAKA NAGARA EXTEN, MEDAHALLI, VIRGO NAGAR POST, BENGALURU-560 049.

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…APPELLANT

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(BY SRI. SHAHNAWAZ M. MAMADAPUR.,ADVOCATE)

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Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH

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Location: HIGH COURT OF KARNATAKA

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AND:

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SMT. PADMAMMA W/O LATE SRI. PEDDANNA AGED ABOUT 50 YEARS RESIDING AT MARENAHALLI VILLAGE, BAGALUR POST, JALA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT.

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SMT. LALITHA D/O LATE SRI. PEDDANNA AGED ABOUT 35 YEARS

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2 - NC: 2026:KHC:32085 MFA No. 7898 of 2024

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HC-KAR

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RESIDING AT MARENAHALLI VILLAGE BAGALUR POST, JALA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT.

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SRI. NAVEEN S/O LATE SRI. PEDDANNA AGED ABOUT 23 YEARS RESIDING AT. MARENAHALLI VILLAGE BAGALUR POST, JALA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT.

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SMT. N. PUSHAPA D/O LATE SRI. PEDDANNA AGED ABOUT 45 YEARS RESIDING AT MARENAHALLI VILLAGE BAGALUR POST, JALA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT.

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SMT. N. HEMAVATHI D/O LATE SRI. PEDDANNA AGED ABOUT 43 YEARS RESIDING AT. MARENAHALLI VILLAGE BAGALUR POST JALA HOBLI DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT.

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SMT. N. BHAGYA D/O LATE SRI. PEDDANNA AGED ABOUT 45 YEARS RESIDING AT MARENAHALLI VILLAGE BAGALUR POST, JALA HOBLI, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT.

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SMT. N. MANJU S/O LATE SRI. PEDDANNA AGED ABOUT 40 YEARS RESIDING AT MARENAHALLI VILLAGE

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3 - NC: 2026:KHC:32085 MFA No. 7898 of 2024

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HC-KAR

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BAGALUR POST, JALA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT.

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SMT. SEETHA PODUVAL W/O SRI. A.M PODUVAL AGED ABOUT 86 YEARS RESIDING AT HOUSE NO. 4 RAJ MAYUR, 19^TH ROAD, KHAR BOMBEY - 400 052.

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SRI. KRISHAN KUTTI S/O SRI.A.M PODUVAL AGED ABOUT 59 YEARS RESIDING AT HOUSE NO 4 RAJ MAYUR, 19^TH ROAD KHAR, BOMBEY - 400 052.

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SRI. B.A. GANESH S/O SRI. ANJANAPPA AGED ABOUT 39 YEARS, RESIDING AT SRIRAMA NILAYA, BYRATHI VILLAGE, LAGE, DODDA GUBBI POST BENGALURU EAST TALUK.

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SRI. AHAMED SHARIFF S/O LATE M.G SHARIFF AGED ABOUT 36 YEARS RESIDING AT MARENAHALLI VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK, BENGALURU RURAL DISTRICT.

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SMT. ASEEN TAJ W/O LATE M.G. SHARIFF AGED ABOUT 59 YEARS RESIDING AT. MARENAHALLI VILLAGE JALA HOBLI,

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HC-KAR

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BANGALORE NORTH TALUK, BENGALURU RURAL DISTRICT.

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SMT. PARVEEN PATHIMA D/O LATE M.G. SHARIFF AGED ABOUT 40 YEARS RESIDING AT MARENAHALLI VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK, BENGALURU RURAL DISTRICT.

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SMT. SUHEEN FATHIMA D/O LATE M.G SHARIFF AGED ABOUT 38 YEARS, RESIDING AT MARENAHALLI VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK, BENGALURU RURAL DISTRICT.

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SMT. NASEENA FATHIMA D/O LATE M.G SHARIFF AGED ABOUT 37 YEARS RESIDING AT MARENAHALLI VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK, BENGALURU RURAL DISTRICT.

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SRI. ARAVIND KUMAR PAREKH S/O LATE MANIGILAL AGED ABOUT 52 YEARS RESIDING AT NO.20, 3^RD CROSS GANDINAGAR BANGALORE - 560 009.

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SRI. SHANKARAPPA S/O LATE RAMAIAH AGED ABOUT 60 YEARS RESIDING AT MARENAHALLI VILLAGE, BAGALUR POST, JALA HOBLI BANGALORE NORTH TALUK.

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HC-KAR

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SMT. PUTTAMMA D/O LATE MUNINARASIMHAIAH AGED ABOUT 49 YEARS RESIDING AT MARENAHALLI VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK.

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SMT. HEMAVATHI D/O LATE MUNINARASIMAIAH AGED ABOUT 47 YEARS RESIDING AT. MARENAHALLI VILLAGE BAZALUR POST, JALA HOBLI BANGALORE NORTH TALUK.

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SMT. BHAGYA D/O LATE MUNINARASIMAIAH AGED ABOUT 44 YEARS RESIDING AT. MARENAHALLI VILLAGE BAGALUR POST,JALA HOBLI BANGALORE NORTH TALUK

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SMT. MANJULA D/O LATE MUNINARASIMAIAH AGED ABOUT 33 YEARS RESIDING AT MARENAHALLI VILLAGE BAGALUR POST, JALA HOBLI BANGALORE NORTH TALUK.

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SRI. P. VENKATESHREDDY S/O SRI. V. PAPANNA AGED ABOUT 45 YEARS RESIDING AT NO.86/4 CHELLEKERE, KALYANA NAGARA POST, BENGALURU - 560 043.

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SRI.P.PARAMESHWARA S/O SRI. V.PAPANNA AGED ABOUT 49 YEARS RESIDING AT NO.86/4, CHELLEKERE,

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6 - NC: 2026:KHC:32085 MFA No. 7898 of 2024

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HC-KAR

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KALYANA NAGARA POST BENGALURU -560 043.

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SRI. P. AMARESHA S/O SRI.V. PAPANNA AGED ABOUT 32 YEARS RESIDING AT NO.86/4, CHELLEKERE, KALYANA NAGARA POST, BENGALURU - 560 043.

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SRI. D. NAGESH S/O LATE DASAPPA AGED ABOUT 54 YEARS RESIDING AT BAGALUR VILLAGE BAGALUR POST, BANGALORE NORTH TALUK, BANGALORE - 560 149.

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SRI. MUNIYAPPA S/O LATE ADUR SUBBAIAH AGED ABOUT 71 YEARS RESIDING AT BAGALUR VILLAGE BAGALUR POST BANGALORE NORTH TALUK BANGALORE 560 149.

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SMT. MANJULAMMA W/O MUNIYAPPA AGED ABOUT 61 YEARS RESIDING AT BAGALUR VILLAGE BAGALUR POST, JALA HOBLI, BANGALORE NORTH TALUK, BANGALORE - 560 149.

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SMT. AMBIKA D/O MUNIYAPPA AGED ABOUT 44 YEARS RESIDING AT BAGALUR VILLAGE BAGALUR POST, JALA HOBLI, BANGALORE NORTH TALUK,

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7 - NC: 2026:KHC:32085 MFA No. 7898 of 2024

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HC-KAR

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BANGALORE - 560 149.

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SMT. ASHA D/O MUNIYAPPA AGED ABOUT 43 YEARS RESIDING AT. BAGALUR VILLAGE, BAGALUR POST, JALA HOBLI, BANGALORE NORTH TALUK BANGALORE -560 149.

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SRI.M. ANIL S/O MUNIYAPPA AGED ABOUT 40 YEARS R/AT BAGALUR VILLAGE BAGALUR POST BANGALORE NORTH TALUK BANGALORE 560 149.

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SRI M. URAS S/O MUNIYAPPA AGED ABOUT 38 YEARS RESIDING AT BAGALUR VILLAGE BAGALUR POST BANGALORE NORTH TALUK BANGALORE - 560 149.

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SRI. B. RAJANNA S/O BACHAPPA AGED ABOUT 54 YEARS RESIDING AT BAGALUR VILLAGE BAGALUR POST, JALA HOBLI, BANGALORE NORTH TALUK BANGALORE 560 149.

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SMT. VENKATALAKSHMI W/O LATE B.R. SHESHACHAR AGED ABOUT 64 YEARS RESIDING AT BAGALUR VILLAGE BAGALUR POST, JALA HOBLI, BANGALORE NORTH TALUK

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HC-KAR

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BANGALORE - 560 149.

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SRI. B.V. SRIKANTHNAG S/O LATE B.S VARADARAJAN AGED ABOUT 56 YEARS RESIDING AT BAGALUR VILLAGE BAGALUR POST, JALA HOBLI, BANGALORE NORTH TALUK, BANGALORE - 560 149.

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SRI. S. KEMPANNA S/O SONNAPPA AGED ABOUT 64 YEARS RESIDING AT BAGALUR VILLAGE BAGALUR POST, JALA HOBLI, BANGALORE NORTH TALUK BANGALORE - 560 149.

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…RESPONDENTS THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 02.09.2024 PASSED ON I.A. NO.VII IN O.S.NO 384/2019. ON THE FILE OF THE IIIRD ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, C/C OF IIND ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI, ALLOWING THE I.A. NO.7 FILED UNDER ORDER 7RULE 11(a) AND (d) 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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NC: 2026:KHC:32085 MFA No. 7898 of 2024

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HC-KAR

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ORAL JUDGMENT

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Learned counsel for the appellant is present.

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2. Registry has raised objection with regard to maintainability of the appeal as the impugned order is allowing of the application filed under Order VII Rule 11(a) and (d) of CPC. The same would amount to a decree. Therefore, the present appeal is not maintainable.

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3. The objections are sustained. Appeal is

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dismissed as not maintainable. Reserving liberty to the appellant to prefer appropriate proceedings before the appropriate forum. Time spent herein shall be condoned.

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Sd/(PRADEEP SINGH YERUR) JUDGE

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GSR List No.: 1 Sl No.: 15

Sri P Srinivasa v. Smt. Padmamma

Case brief

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Sri P Srinivasa v. Smt. Padmamma

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