MFA/2800/2021 of SRI R SADASHIVAN Vs SMT R DEEPA CHRISTY on 1 October 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1ST DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

MISCELLANEOUS FIRST APPEAL NO. 2800 OF 2021 (CPC)

BETWEEN:

1.

SRI R SADASHIVAN

S/O LATE P V RAMAIAH IYER,

AGED ABOUT 80 YEARS,

R/AT NO.1, KATHA NO.224,

H L NO.36/4, NEW NO.1183/A,

11TH MAIN, VALAGERAHALLI,

GNANABHARATHI I STAGE,

BENGALURU

REPRESENTED BY HIS GPA HOLDER

2.

SRI B N DAYANANDA RAO

S/O LATE B NARAYANA RAO,

AGED ABOUT 61 YEARS,

R/AT NO.8, 80 FEET ROAD,

6TH BLOCK, III PHASE,

III STAGE, BANASHANKARI,

BENGALURU - 560 085

…APPELLANTS

(BY SRI. V.B. SHIVA KUMAR, ADVOCATE)

AND:

1.

SMT. R. DEEPA CHRISTY

D/O DR. D.S. RAJAN,

AGED MAJOR,

R/AT NO.21, 4TH CROSS,

Digitally

signed by

VINUTHA M

Location:

HIGH

COURT OF

KARNATAKA

HC-KAR

PADMANABHANAGAR,

AIRPORT ROAD,

COIMBATORE - 641 014

2.

SRI BALARAJ

FATHER'S NAME NOT KNOWN TO APPELLANT,

AGED MAJOR,

JAYANTH SRI BUILDERS,

NO.36, 7TH CROSS,

IST MAIN ROAD,

SANJEEVINI NAGAR,

NAGARABAVI MAIN ROAD,

BENGALURU - 560 072

…RESPONDENTS

(BY SRI. K. VIJAYAKUMAR, ADVOCATE FOR R1

SRI. N. NANJUNDASWAMY, ADVOCATE FOR C/R2)

THIS MFA IS FILED U/o 43 RULE 1 (r) OF CPC AGAINST

THE ORDER DATED 22.03.2021 PASSED ON I.A.NO.1 IN

O.S.NO.5523/2020 ON THE FILE OF THE XL ADDITIONAL CITY

CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE

I.A.NO.1 FILED UNDER ORDER 39 RULES 1 AND 2 R/W

SECTION 151 OF CPC.

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

CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

HC-KAR