- 1 - HC-KAR CNR: KAHC010442372025 NC: 2026:KHC:42490 MFA No. 5052 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 5052 OF 2025 (CPC) BETWEEN: SRI K V RAJASHEKAR S/O K.B. VENKATEGOWDA AGED ABOUT 57 YEARS, KUNDUR VILLAGE AND POST MUDGERE TALUK CHIKKAMAGALURU DISTRICT-577132. APPELLANT (BY SRI. H V PRAVEEN GOWDA.,ADVOCATE) AND: 1. SRI C H VENKATANARAYANA REDDY S/O RAGHVA REDDY, AGED ABOUT 58 YEARS, RESIDING AT SRINIVASA NILAYA, CHENNAPURA ROAD, CHIKKAMAGALURU TOWN CHIKKAMAGALURU DISTRICT - 577101. 2. SRI.M.V.SHADAKSHARI S/O VEERASHETTY, AGED ABOUT 71 YEARS MUKTHIHALLI VILLAGE AND POST, KASABA HOBLI CHIKKAMAGALURU TALUK CHIKKAMAGALURU DISTRICT - 577101. RESPONDENTS (BY SRI. GIRIDHAR S V.,ADVOCATE FOR R1; SRI. C.R. RAVISHANKAR., ADVOCATE FOR R2) Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010442372025 NC: 2026:KHC:42490 MFA No. 5052 of 2025 THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 08.01.2025 PASSED ON I.A.NO.1 IN OS.NO.33/2024 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND J.M.F.C., CJM, CHIKKAMAGALURU, ALLOWING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC AND ETC,. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT Learned counsel Sri. H.V. Praveen Gowda, appears for the appellant, learned counsel Sri. S.V. Giridhar, appears for respondent No.1 and learned counsel Sri. C.R. Ravishankar, appears for respondent No.2. 2. This appeal filed before this Court is not maintainable in view of Section 19(1) of the Karnataka Civil Courts Act, 1964 and the judgment rendered by the Division Bench of this Court in Smt. Narayanamma -vs- The State of Karnataka in Writ Petition No.17588 of 2024 (GM-RES) c/w Writ Appeal No.200260 of 2025 (GM- - 3 - HC-KAR CNR: KAHC010442372025 NC: 2026:KHC:42490 MFA No. 5052 of 2025 RES) dated 8th July, 2026, which is affirmed by the Hon'ble Supreme Court in SLP(c) No.025075/2026 dated 3.8.2026. 3. In view of the above, this Court deems it appropriate to transfer this matter to the concerned District Court for adjudication of the matter from the stage where it is stopped. 4. Accordingly, I pass the following: O R D E R i) The appeal stands disposed of for statistical purposes; ii) Registry is directed to transfer the entire record of the case, to the concerned Principal District & Sessions Judge, who may assign it to the concerned Appellate Court having jurisdiction; iii) In case there are pending applications, the same also be transferred to be considered by - 4 - HC-KAR CNR: KAHC010442372025 NC: 2026:KHC:42490 MFA No. 5052 of 2025 the learned Judge of the concerned Appellate Court, in accordance with law; iv) It is made clear that this Court has not made any observation as to the merits of the case and all rights and contentions of the parties are left open to be agitated before the concerned Appellate Court; v) Since the parties are represented before this Court, they shall appear before the learned District Judge on 07.09.2026 without awaiting any further notice either from this Court or from the jurisdictional District Court. vi) Learned District Judge shall make an endeavor to dispose of the application expeditiously. Sd/- (PRADEEP SINGH YERUR) JUDGE PNV - List No.: 1 Sl No.: 23