- 1 - HC-KAR NC: 2025:KHC:47389-DB RFA No. 1197 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO.1197 OF 2025 (SP) BETWEEN: 1. MR. C. MUNIRAJU S/O MR. DODDACHIKKAVERAPPA AGE 66 YEARS 2. MRS. SAVITHA W/O MR. C. MUNIRAJU AGE 53 YEARS 3. MRS. USHA D/O C. MUNIRAJU AGE 29 YEARS 4. MISS SOWMYA D/O C. MUNIRAJU AGE 27 YEARS 5. MR. GANGADHAR S/O C. MUNIRAJU AGE 25 YEARS ALL ARE RESIDING AT MARALUBAGILU BEEDI, DEVANAHALLI TOWN, DEVANAHALLI TALUK, Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47389-DB RFA No. 1197 of 2025 BANGALORE RURAL DISTRICT - 562 110. …APPELLANTS (BY SRI. HEGDE LAXMI NARAYAN NARAYAN, ADVOCATE) AND: 1. M/S. INDRA HOTELS (MYSORE) PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGD. OFFICE AT NO.29/2, H M STAFFORD, NO.29/2, 7TH CROSS, VASANTHNAGAR, BANGALORE-52, REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. G. R. GANESH, 2. MRS. VIJAYA BHANU, W/O MR. J. LOGANATHAN AGED ABOUT 51 YEARS RESIDING AT VILOK NO.611 80 FT DOUBLE ROAD, R M V 2ND STAGE, 3RD BLOCK, BENGALORE-560 094. …RESPONDENTS (BY SRI. AJAY J NANDALIKE, ADV. FOR C/R1) THIS RFA IS FILED UNDER SECTION 96 OF CODE OF CIVIL PROCEDURE, 1908 AGAINST THE ORDER DATED 07.03.2025, PASSED IN OS NO.262/2019, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI, BENGALURU RURAL DISTRICT, DISMISSING THE SUIT FOR SPECIFIC PERFORMANCE AND INJUNCTION. - 3 - HC-KAR NC: 2025:KHC:47389-DB RFA No. 1197 of 2025 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 appearing for the appellants submits that in view of the amendment to the Karnataka Civil Courts Act, 1964 and the Karnataka High Court (Amendment) Act, 2023, he is required to present the appeal before the jurisdictional District Court and therefore, seeks transfer of the case to the District Court. 2. It is further submitted that the respondents have filed execution proceedings and they are pressing the same. 3. Learned counsel appearing for the respondents submits that the respondents will not precipitate the execution proceedings till the jurisdictional Court considers the appellants' application for stay. 4. Said submission and the undertaking are recorded. - 4 - HC-KAR NC: 2025:KHC:47389-DB RFA No. 1197 of 2025 5. In view of the aforesaid submission, Registry is directed to take steps to transfer this appeal to the jurisdictional District Court. The parties undertake to appear before the jurisdictional Court for first hearing on 07.01.2026, without awaiting notice. 6. The aforesaid order is passed at the joint request of the learned counsel for the appellants as well as the learned counsel for the respondents. 7. For statistical purpose, the appeal shall stand closed/disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE PN List No.: 1 Sl No.: 12