- 1 - HC-KAR CNR: KAHC010687282025 NC: 2026:KHC:42489 MFA No. 7869 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. 7869 OF 2025 (CPC) BETWEEN: SRI.T.K.JAGADISH S/O KODAPPA AGED ABOUT 55 YEARS, R/AT THEETHAHALLI VILLAGE, THEETHA POST, KORATAGERE TALUK, TUMAKURU DISTRICT-572129. APPELLANT (BY SRI. BHOJARAJA.,ADVOCATE) AND: 1. SRI.VENKATESHAPPA S/O MUNIYAPPA AGED ABOUT 66 YEARS 2. SMT.SARASWATHAMMA W/O VENKATESHAPPA AGED ABOUT 56 YEARS 3. SRI.DEVARAJ W/O VENKATESHAPPA AGED ABOUT 31 YEARS RESPONDNET NOS.1 TO 3 ARE RESIDING AT SHETTIHALLI VILLAGE, ABLOODU POST, KASABA HOBLI, SIDLAGHATTA TALUK CHIKKABALLAPURA DISTRICT-562105 NOW R/AT VEMAGAL VILLAGE AND HOBLI, KOLAR TALUK AND DISTRICT-563101. Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010687282025 NC: 2026:KHC:42489 MFA No. 7869 of 2025 4. SRI. MUNIYAPPA S/O KONDAPPA AGED ABOUT 71 YEARS R/AT MAREGONAHALLI VILLAGE, MARALAKUNTE POST, KASABA HOBLI, CHIKKABALLAPURA -TALUK AND DISTRICT -562101. RESPONDENTS (BY SRI. H PAVANA CHANDRA SHETTY.,ADVOCATE FOR R1 TO R3; NOTICE TO R4 IS H/S V/O DTD 30.07.2026) THIS MFA IS FILED U/O.43 RULE 1(d) OF THE CPC, AGAINST THE ORDER DT. 08.10.2025 PASSED IN MISC. PETITION NO. 16/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, SIDLAGHATTA, DISMISSING THE PETITION FILED U/O.9 RULE 13 READ WITH SECTION 151 OF CPC WITH COST 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 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) - 3 - HC-KAR CNR: KAHC010687282025 NC: 2026:KHC:42489 MFA No. 7869 of 2025 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; iii) In case there are pending applications, the same also be transferred to be considered by - 4 - HC-KAR CNR: KAHC010687282025 NC: 2026:KHC:42489 MFA No. 7869 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) Interim order granted in the present appeal shall continue to remain in force until disposal of the application by the learned District Judge. Sd/- (PRADEEP SINGH YERUR) JUDGE PNV - List No.: 1 Sl No.: 25