- 1 - HC-KAR CNR: KAHC010740422025 NC: 2026:KHC:41714 MFA No. 8488 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 8488 OF 2025 (CPC) BETWEEN: 1. SRI.ANJINAPPA S/O LATE MUNISHAMAPPA @ DODDAPAPAIAH AGED ABOUT 84 YEARS, RESIDING AT LAKSHMISAGAR VILLAGE, ATTIBELE HOBLI ANEKAL TALUK BENGALURU-562107 REP BY HIS SPA HOLDER A KRISHNAMURTHY …APPELLANT (BY SRI. SRIDHARA B R.,ADVOCATE) AND: 1. SRI. R NARAYANASWAMY S/O LATE RAJANNA AGED ABOUT 65 YEARS 2. SRI R RAMAIAH S/O LATE RAJANNA AGED ABOUT 63 YEARS Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010740422025 NC: 2026:KHC:41714 MFA No. 8488 of 2025 3. SRI R LAKSHMAN S/O LATE RAJANNA AGED ABOUT 61 YEARS 4. SRI SOMASHEKAR S/O LATE RAJANNA AGED ABOUT 59 YEARS 5. SRI R RAVIKUMAR S/O LATE RAJANNA AGED ABOUT 59 YEARS 6. SRI RAGHUPATHI A S/O LATE ANNEPPA AGED ABOUT 39 YEARS 7. SRI MUNIYAPPA S/O ERAGAPPA AGED ABOUT 72 YEARS 8. SRI BYRAPPA S/O ERAGAPPA AGED ABOUT 71 YEARS ALL ARE RESIDING AT LAKSHMISAGARA VILLAGE, ATTIBELE HOBLI ANEKAL TALUK BENGALURU-562107 9. SRI SHRIDHAR REDDY SON OF GOPALR EDDY AGED ABOUT 68 YEARS, R/A NO.28, 5TH CROSS, 8TH MAIN, 1ST BLOCK EAST - 3 - HC-KAR CNR: KAHC010740422025 NC: 2026:KHC:41714 MFA No. 8488 of 2025 JAYANAGAR BENGALURU-560011 10. SRI R BOJARAJ SON OF SANJEEVAPPA AGED ABOUT 65 YEARS RESIDING AT NO.7/63, SFS 407, YELAHANKA NEW TOWN BENGALURU-560064 …RESPONDENTS THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 31.10.2023 PASSED ON I.A.NO.1 IN OS.NO.488/2021 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, ANEKAL, REJECTING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT This appeal filed before this Court is not maintainable in view of Section 19(1) of the Karnataka Civil Courts Act, - 4 - HC-KAR CNR: KAHC010740422025 NC: 2026:KHC:41714 MFA No. 8488 of 2025 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-RES) dated 8th July, 2026, which is affirmed by the Hon'ble Supreme Court in SLP(c) No.025075/2026 dated 3.8.2026. 2. 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. 3. 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 - 5 - HC-KAR CNR: KAHC010740422025 NC: 2026:KHC:41714 MFA No. 8488 of 2025 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 the learned Judge of the concerned Appellate Court, in accordance with law. iv) The appellants are permitted to carry out necessary amendment in the cause-title. v) 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. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 15