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2026 DAILYLAW 32363 (KAR)

SMT PRAMEELA v. SMT NAGARATHNA

MFA/5720/2021 · 2026-08-13

Pradeep Singh Yerur

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010410882021 NC: 2026:KHC:43455 MFA No. 5720 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 5720 OF 2021 (CPC) BETWEEN: 1. SMT PRAMEELA W/O. L KEMPARAJU, AGED ABOUT 54 YEARS 2. SMT. K KAVITHA D/O. L KEMPARAJU, AGED ABOUT 35 YEARS BOTH ARE R/AT DOOR NO. 15, 2ND MAIN, RAMAMANDIRA BEEDHI, KUMBARAKOPPALU, MYSURU CITY 570001 …APPELLANTS (BY SRI. K.L. SREENIVAS.,ADVOCATE) AND: 1. SMT NAGARATHNA W/O. RAGHURAM, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010410882021 NC: 2026:KHC:43455 MFA No. 5720 of 2021 AGED ABOUT 49 YEARS R/AT DOOR NO. 311, 6TH CROSS, SUBHASH NAGAR, KUMBARAKOPPALU, MYSURU CITY 570001 …RESPONDENT (BY SRI.Y.V.PRAKASH FOR SRI.Y.K.NARAYANA SHARMA., ADVOCATE) THIS MFA IS FILED U/O.43 RULE 1(d) R/W SECTION 151 OF CPC, AGAINST THE ORDER DT.08.09.2021 PASSED IN MISC.PETITION NO.18/2018 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, JMFC, SRIRANGAPATNA, REJECTING THE PETITION FILED U/O.9 RULE 13 OF CPC. ADMISSION ALONG WITH I.A.1/2021 FOR STAY.SBA 13.2.2023 THIS APPEAL, COMING ON FOR ADMISSION, 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, 1964 and the judgment rendered by the Division Bench of this Court in Smt. Narayanamma -vs- The State of - 3 - HC-KAR CNR: KAHC010410882021 NC: 2026:KHC:43455 MFA No. 5720 of 2021 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 District & Sessions Judge, who may assign it to the concerned Appellate Court having jurisdiction. - 4 - HC-KAR CNR: KAHC010410882021 NC: 2026:KHC:43455 MFA No. 5720 of 2021 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) 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) Learned counsel for appellants and learned counsel for the respondent are present. Hence, the parties shall appear before the learned District Judge on 08.09.2026 without awaiting further notice. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 19