- 1 - HC-KAR NC: 2025:KHC:27885 MFA No. 3346 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 3346 OF 2025 (CPC) BETWEEN: SRI. BALACHANDRA REDDY R S/O SRI MADHUSUDHAN REDDY R, AGED ABOUT 42 YEARS, RESIDING ATT FLAT NO. F4, NO. 9, 1ST FLOOR, PRABHAVATHY SQUARE APARTMENT, 1ST MAIN ROAD, NEAR VBR WINES, DEVARACHIKKANAHALLI MAIN ROAD, BENGALURU - 560 068. …APPELLANT (BY SMT. BHARMAL SHIRIN SHABBIR BHAI, ADVOCATE FOR SRI. MENTO ISAC, ADVOCATE) AND: 1. SRI. A JAYARAM S/O, SRI. ISHWAR BHAT, AGED ABOUT 60 YEARS, C/O NO. ASHIRWAD, 3RD MAIN ROAD, BRINDAVAN LAYOUT, ARAKARE, BANGALORE - 560 076. 2. SRI. KUMAR A RAVI S/O SRI. ISHWAR BHAT, AGED ABOUT 47 YEARS, RESIDING AT NO. 256, ASHIRWAD 3RD MAIN ROAD, BRINDAVAN LAYOUT, ARAKARE, BANGALORE - 560 076. …RESPONDENTS Digitally signed by ANJALI M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27885 MFA No. 3346 of 2025 THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED 19.10.2024 PASSED ON IA NO.II IN O.S.NO. 1167/2024 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, DISMISSING THE IA.NO.II FILED U/O.39 RULE 1 AND 2 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL JUDGMENT Learned counsel for the appellant files IA.No.3/2025 to transfer this appeal to the Principal Senior Civil Judge, Bengaluru Rural District, Bengaluru, in the interest of justice and equity. 2. This Court has no power to transfer this case as the appeal is filed before the wrong Court. The only option available to the appellant is to withdraw this appeal and present before the proper Court. Accordingly, I.A.No.3/2025 is dismissed as not maintainable. - 3 - HC-KAR NC: 2025:KHC:27885 MFA No. 3346 of 2025 3. Learned counsel for the appellant files a memo seeking leave of this Court to withdraw this appeal with permission to present the same before the proper Court i.e., Principal Senior Civil Judge, Bengaluru Rural District, Bengaluru. 4. In view of the memo, as this appeal is not maintainable before this Court, the appellant is permitted to withdraw this appeal with liberty to present the same before the proper Court. Sd/- (RAMACHANDRA D. HUDDAR) JUDGE PK List No.: 1 Sl No.: 10 CT: BHK