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Mr Philip K Vs Mr Rajanna @ Papaiah — Karnataka HC (2026) — LawSathi Research

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Karnataka HC
2026
Mr Philip K Vs Mr Rajanna @ PapaiahMr Philip K v. Mr Rajanna @ Papaiah

Disposed¶35

Mr Philip K v. Mr Rajanna @ Papaiah

Karnataka HC23 Apr 2026MSA/119/2026

Case brief

AI extract

What is this about?

Karnataka High Court (Bengaluru), MSA No. 119 of 2026, decided 23.04.2026 by Justice Anant Ramanath Hegde. Philip K (adv. George Philip) v. Rajanna @ Papaiah, Lakappa, Narayana Swamy, Manjunath R and Sabu T Varghese. Issue: maintainability of Miscellaneous Second Appeal under S.100/S.104/Order XLIII Rule 1(u) CPC against judgment dated 15.11.2025 in M.A. No.71/2024 (first appeal under Order XLIII Rule 1(r) r/w S.96 CPC arising from suit O.S. No.1663/2023, now O.S. No.179/2025, Civil Judge & JMFC Krishnarajapuram). Held: no provision to challenge Order XLIII Rule 1 injunction orders by way of MSA; appeal disposed of for statistical purposes without entering merits; liberty to pay appropriate fees; impugned orders to be returned by Registry. Keywords: maintainability, injunction, Order XLIII Rule 1(r), Section 96 CPC, statistical disposal.

What did the court decide?

Liberty reserved to the appellant to pay the appropriate fees; Registry directed to return the impugned orders to the appellant after retaining their photocopies.

Why is it important?

Since there is no provision to challenge an order passed under Order XLIII Rule 1 of the Code when an application seeking injunction is either allowed or dismissed, the Miscellaneous Second Appeal does not arise. ¶34

What the court decided

AI extract

Outcome

Liberty reserved to the appellant to pay the appropriate fees; Registry directed to return the impugned orders to the appellant after retaining their photocopies.

Issue for consideration

Whether the Miscellaneous Second Appeal is maintainable against the judgment and order dated 15.11.2025 in M.A. No.71/2024, an appeal arising from an order under Order XLIII Rule 1(r) read with Section 96 CPC.

Court's answer

Since there is no provision to challenge an order passed under Order XLIII Rule 1 of the Code when an application seeking injunction is either allowed or dismissed, the Miscellaneous Second Appeal does not arise.

Ratio / Principle

In consequence, the appeal is disposed of for statistical purposes without entering into the merits.

Detailed headnote1 paragraphs

Maintainability of Miscellaneous Second Appeal — MSA No.119/2026 under S.100 r/w S.104 and Order XLIII Rule 1(u) CPC against judgment and order dated 15.11.2025 in M.A.No.71/2024 (IVth Addl. Principal Senior Civil Judge, Bengaluru Rural District), arising from an order under Order XLIII Rule 1(r) r/w S.96 CPC — Office raised objection to maintainability — Held: since there is no provision to challenge an order passed under Order XLIII Rule 1 CPC when an application seeking injunction is allowed or dismissed, the Miscellaneous Second Appeal does not arise — Appeal disposed of for statistical purposes without entering into merits — Liberty reserved to appellant to pay appropriate fees — Registry to return impugned orders to appellant after retaining photocopies. (Paras 32-38)

A

1 -

NC: 2026:KHC:22179 MSA No. 119 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23^RD DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE MISCELLANEOUS SECOND APPEAL NO. 119 OF 2026

BETWEEN:

MR. PHILIP K S/O. LATE MR. K. KUNJU KUNJU, AGED ABOUT 67 YEARS, PRESENTLY RESIDING AT SITE NO.6, HOREB PURAYIL, DIVINE MERCY SCHOOL ROAD, OPP. TO HALOTECH SYSTEMS PVT. LTD., KANNUR, BANGALORE - 560077.

…APPELLANT

(BY SRI. GEORGE PHILIP, ADVOCATE)

AND:

Digitally signed by BELUR RANGADHAMA NANDINI Location: HIGH COURT OF KARNATAKA

MR. RAJANNA @ PAPAIAH S/O. LATE MR. ERELLAPPA, AGED ABOUT 45 YEARS,

MR. LAKAPPA, S/O. LATE MR. MUNIYAPPA, AGED ABOUT 40 YEARS,

MR. NARAYANA SWAMY, S/O. LATE MR. MUNIYAPPA, AGED ABOUT 42 YEARS,

MR. MANJUNATH R, S/O. MR. RAJAPPA @ PAPAIAH, AGED ABOUT MAJOR,

ALL ARE RESIDING AT NO.10/3, NADAGOWDAGOLLAHALLI,

2 -

NC: 2026:KHC:22179 MSA No. 119 of 2026

HC-KAR

BIDARAHALLI HOBLI, BENGALURU EAST TALUK, DODDAGUBBI POST, BENGALURU-560077.

MR. SABU T VARGHESE, S/O. LATE MR. T.V. VARGHESE, AGED ABOUT 45 YEARS, RESIDING AT HOUSE NO.606, 2^ND B CROSS, (BETWEEN 6^TH AND 6^TH A MAIN ROAD), HRBR LAYOUT, 2^ND BLOCK, KALYAN NAGAR, BANGALORE-560043.

…RESPONDENTS

THIS MSA IS FILED UNDER SEC 100 READ WITH SECTION 104 AND ORDER XLIII RULE 1(u) OF CPC., PRAYING TO CALL FOR THE RECORD IN OS NO.1663/2023 (NOW OS NO.179/2025) ON THE FILE OF THE HON'BLE CIVIL JUDGE AND JMFC, KRISHNARAJAPURAM, BENGALURU AND M.A.NO.71/2024 ON THE FILE OF THE HON'BLE IVTH ADDITIONAL PRINCIPAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU AND ALLOW THIS MISCELLANEOUS SECOND APPEAL, AND SET ASIDE THE JUDGMENT AND ORDER DATED 15.11.2025 PASSED IN MISCELLANEOUS APPEAL NO.71/2024 BY THE HON'BLE IVTH ADDITIONAL PRINCIPAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU AND ETC.

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

CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

3 -

NC: 2026:KHC:22179 MSA No. 119 of 2026

HC-KAR

ORAL JUDGMENT

The office has raised objection relating to maintainability of the appeal.

This appeal is filed against the order passed under Order XLIII Rule 1(r) read with Section 96 of the Code of Civil Procedure, 1908 [ Code ].

Since there is no provision to challenge the order passed under Order XLIII Rule 1 of the Code when an application seeking injunction is either allowed or dismissed, the Miscellaneous Second Appeal does not arise.

Under these circumstances, the appeal is disposed

of for statistical purposes without entering into merits.

Liberty is reserved to the appellant to pay the appropriate fees.

Registry to return the impugned orders to the appellant after retaining their photocopies.

Sd/-

(ANANT RAMANATH HEGDE) JUDGE

SA

List No.: 1 Sl No.: 4

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the Miscellaneous Second Appeal is maintainable against the judgment and order dated 15.11.2025 in M.A. No.71/2024, an appeal arising from an order under Order XLIII Rule 1(r) read with Section 96 CPC.¶32
The court held
Since there is no provision to challenge an order passed under Order XLIII Rule 1 of the Code when an application seeking injunction is either allowed or dismissed, the Miscellaneous Second Appeal does not arise.ratio¶34

Statutes considered

6 provisions across 1 enactments

AI extract

Code of Civil Procedure, 1908Section 100¶25 Section 104¶25 Order XLIII Rule 1(u)¶25 Order XLIII Rule 1(r)¶33 Section 96¶33 Order XLIII Rule 1¶34

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment and order dated 15.11.2025 passed in Miscellaneous Appeal No.71/2024 by the Hon'ble IVth Additional Principal Senior Civil Judge, Bengaluru Rural District, Bengaluru.¶25
Hon'ble IVth Additional Principal Senior Civil Judge, Bengaluru Rural District, Bengaluru · 2025-11-15
Prior proceeding
Suit O.S. No.1663/2023 (renumbered O.S. No.179/2025) on the file of the Civil Judge and JMFC, Krishnarajapuram, Bengaluru; its record was sought to be called for in this appeal.¶25
Prior proceeding
First appeal M.A. No.71/2024 lay before the IVth Additional Principal Senior Civil Judge, Bengaluru Rural District, and was decided on 15.11.2025.¶25
Prior proceeding
Per the oral judgment, the appeal is filed against an order passed under Order XLIII Rule 1(r) read with Section 96 of the Code of Civil Procedure, 1908.¶33
Prior proceeding
The office (Registry) raised an objection relating to the maintainability of the appeal.¶32

Parties & counsel

AI extract

appellant
MR. PHILIP K S/O. LATE MR. K. KUNJU KUNJU¶9
George Philip
respondent
MR. RAJANNA @ PAPAIAH S/O. LATE MR. ERELLAPPA¶14
respondent
MR. LAKAPPA, S/O. LATE MR. MUNIYAPPA¶15
respondent
MR. NARAYANA SWAMY, S/O. LATE MR. MUNIYAPPA¶16
respondent
MR. MANJUNATH R, S/O. MR. RAJAPPA @ PAPAIAH¶17
respondent
MR. SABU T VARGHESE, S/O. LATE MR. T.V. VARGHESE¶23

Coram

AI extract

Anant Ramanath Hegdeauthor¶27

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 23 Apr 2026 · April
Registered: 10 Apr 2026
Case no.: MSA/119/2026
CNR: KAHC010267332026
Bench: Anant Ramanath Hegde
Disposal: DISPOSED
Case type: MSA

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Cite this judgement

Mr Philip K v. Mr Rajanna @ Papaiah, MSA/119/2026 (KA), decided on 23 April 2026.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes6

Code of Civil Procedure, 1908Section 100 · Section 104 · Order XLIII Rule 1(u) · Order XLIII Rule 1(r) · Section 96 · Order XLIII Rule 1

View all statutes

Procedural history5

Judgment and order dated 15.11.2025 passed in Miscellaneous Appeal No.71/2024 by the Hon'ble IVth Additional Principal Senior Civil Judge, Bengaluru Rural District, Bengaluru.Hon'ble IVth Additional Principal Senior Civil Judge, Bengaluru Rural District, Bengaluru · 2025-11-15
Suit O.S. No.1663/2023 (renumbered O.S. No.179/2025) on the file of the Civil Judge and JMFC, Krishnarajapuram, Bengaluru; its record was sought to be called for in this appeal.
First appeal M.A. No.71/2024 lay before the IVth Additional Principal Senior Civil Judge, Bengaluru Rural District, and was decided on 15.11.2025.

View full history

Bench / Coram

Anant Ramanath Hegde

Parties & counsel