- 1 - HC-KAR NC: 2025:KHC:42583-DB RFA No. 1974 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO. 1974 OF 2025 (PAR) BETWEEN: SRI CHETHAN K J S/O. LATE. K. M. JAYADEVALAH, AGED ABOUT 36 YEARS, RESIDING AT NO. 13, MANTHESHWARA LAYOUT ANDRAHALLI MAIN ROAD, NEAR SATHYA SAI MODERN PUBLIC SCHOOL, LAKSHMIPURA POST, DASANAPURA HOBLI, BANGALORE NORTH TALUK-562162. …APPELLANT (BY SMT. PATIL J M., ADVOCATE) AND: 1. SMT. SOWBHAGYA B E W/O LATE K. M. JAYADEVAIAH, AGED ABOUT 56 YEARS. 2. SRI. YASHWANTH. K.J. S/O LATE K. M. JAYADEVAIAH, AGED ABOUT 28 YEARS, BOTH ARE RESIDING AT Digitally signed by RUPA V Location: High Court Of Karnataka - 2 - HC-KAR NC: 2025:KHC:42583-DB RFA No. 1974 of 2025 KACHOHALLI VILLAGE, LAKSHMIPURA POST, DASANPURA HOBLI, BANGALORE NORTH TALUK-562162. …RESPONDENTS (BY SRI. KANTHARAJ H., SENIOR ADVOCATE FOR SRI. RAVI H. K., ADVOCATE FOR C/R1 & R2) THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE ORDER DATED 24.07.2025 PASSED ON IA NO.II IN OS NO.30/2024 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, AT NELAMANGALA., ALLOWING THE IA NO.II FILED UNDER ORDER VII RULE 11(a and d) OF CPC., FOR REJECTION OF PLAINT. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) Learned counsel for the appellant has filed a memo dated 13.10.2025 for return of the appeal memo. 2. Memo reads as under: "THE APPELLANT FILES A MEMO UNDER ORDER 7 RULE 10 READ WITH SECTION 151 OF CODE OF CIVIL PROCEDURE FOR RETURN OF APPEAL TO PRESENT IT BEFORE THE JURISDICTIONAL COURT. - 3 - HC-KAR NC: 2025:KHC:42583-DB RFA No. 1974 of 2025 The Appellant in the above matter humbly submits that the appellant had filed the above appeal challenging the order passed by the Hon'ble II Additional Civil Senior Judge & JMFC, Nelamangala, it is further submitted that the State Government had brought the amendment to the Karnataka Civil Courts Act and the jurisdiction was given to the District courts and the same was stayed in W.P.No.201536/2024 and the same was pending consideration, hence the above appeal was filed before this Hon'ble Court and now 24/09/2025 the order is passed and upheld the amendment in view of the above order the above appeal has to be filed before the Bangalore Rural Court, hence it is humbly prayed that this Hon'ble Court be please to direct the registry to return the Appeal to enable the appellant to present the same before the appropriate court and also prayed that some time may be granted to the appellant to represent the same, hence it is prayed that this Hon'ble Court to return the appeal to the appellant in the interest of justice and equity." 3. In view of the aforesaid memo, the appeal memo is ordered to be returned to the appellant to present the same before the appropriate forum. 30 days time is granted to present the appeal before the appropriate forum. - 4 - HC-KAR NC: 2025:KHC:42583-DB RFA No. 1974 of 2025 4. Hence, Registry is directed to return the appeal papers to the learned counsel for the appellant by obtaining the photocopy of the same. 5. Accordingly, this appeal is disposed of for statistical purpose. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 61