Dismissed¶¶32

Sri H G Krishnashetty v. Sri H K Indumathi

Karnataka HC10 Jul 2026MFA/8704/2025

Case brief

AI extract

What is this about?

Maintainability of appeal; Order XLIII Rule 1(t) CPC; Order XLI Rule 19 CPC petition; dismissal as not maintainable; liberty to proceed before District Court; time condoned; Karnataka High Court; Pradeep Singh Yerur, J.; MFA 8704/2025; Kunigal civil court order challenged.

What did the court decide?

Liberty reserved to the appellant to file appropriate proceedings before the District Court, with time spent in this appeal to be condoned; certified copies of documents produced to be returned to the learned counsel for the appellant; no opinion expressed on merits. ¶¶32

Sri H G Krishnashetty Vs Sri H K Indumathi — Karnataka HC (2026) — LawSathi Research

¶1

¶2

NC: 2026:KHC:35025 MFA No. 8704 of 2025

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF JULY, 2026

¶5

BEFORE

¶6

THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 8704 OF 2025 (CPC)

¶7

BETWEEN:

¶8

SRI H G KRISHNASHETTY S/O LATE GOVINDASHETTY AGED ABOUT 69 YEARS RESIDING AT HOSAPETE, HULIYURUDURGA HULIYURUDURGA HOBLI, KUNIGAL TALUK - 572130

¶9

…APPELLANT

¶10

(BY SRI. SRINIVASA MURTHY S R.,ADVOCATE)

¶11

AND:

¶12

SRI H K INDUMATHI Digitally signed D/O LATE KRISHNASHETTY, by GAVRIBIDANUR AGED ABOUT 54 YEARS SUBRAMANYA RESIDING AT HOSAPETE, GUPTA SREENATH HULIYURUDURGA Location: HIGH HULIYURUDURGA HOBLI, COURT OF KARNATAKA KUNIGAL TALUK - 572130

¶13

SRI SATISHCHANDRA H K DEAD BY HIS LRS

¶14

SMT. H G SHASHIKALA

¶15

1. W/O H K SATSHCHADRA

¶16

¶17

NC: 2026:KHC:35025 MFA No. 8704 of 2025

¶18

HC-KAR

¶19

AGED ABOUT 50 YEARS RESIDING AT MARUTHI NILAYA SARASWATHIPURAM 2ND STAGE, MARALUR TUMAKURU - 572105

¶20

SRI H S GIRISHA S/O H K SATSHCHADRA AGED ABOUT 29 YEARS RESIDING AT HOSAPETE, HULIYURUDURGA HULIYURUDURGA HOBLI, KUNIGAL TALUK - 572130

¶21

SRI H S SWAMY S/O H K SATSHCHADRA AGED ABOUT 25 YEARS RESIDING AT HOSAPETE, HULIYURUDURGA HULIYURUDURGA HOBLI, KUNIGAL TALUK - 572130

¶22

…RESPONDENTS

¶23

THIS MFA IS FILED U/O.43 RULE 1(t) OF THE CPC, AGAINST THE ORDER DT. 04.09.2025 PASSED ON MISC.NO.10/2021 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, KUNIGAL, DISMISSING THE PETITION FILED U/O 41 RULE 19 OF CPC.

¶24

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

¶25

3 - NC: 2026:KHC:35025 MFA No. 8704 of 2025

¶26

HC-KAR

¶27

CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

¶28

ORAL JUDGMENT

¶29

Learned counsel for the appellant is present.

¶30

The Registry has raised an objection with regard to the maintainability of the appeal. The said objection is sustained. The appeal would not be maintainable in view of the impugned order passed by the Additional Senior Civil Judge and JMFC, which is the subject matter. Accordingly, I pass the following Order.

¶31

ORDER

¶32