- 1 - HC-KAR CNR: KAHC010501252026 NC: 2026:KHC:42492 MFA No. 5428 of 2026 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. 5428 OF 2026 (CPC) BETWEEN: 1. SRI B L MANJUNATH S/O LATE SRI. B N LAKSHMAIAH AGED ABOUT 51 YEARS R/O BEGUR VILLAGE, B K HALLI POST JALA HOBLI, YELAHANKA TALUK BANGALORE - 562149. 2. SRI. BL SUDESH S/O LATE SRI. B N LAKSHMAIAH AGED ABOUT 46 YEARS R/O BEGUR VILLAGE, B K HALLI POST JALA HOBLI, YELAHANKA TALUK BANGALORE - 562149. APPELLANTS (BY SRI. AMIT DESHPANDE.,ADVOCATE) AND: SRI B G CHANDRA SHEKAR S/O LATE SRI. B N GANGADHARAPPA AGED ABOUT 47 YEARS R/O BEGUR VILLAGE, B K HALLI POST JALA HOBLI, YELAHANKA TALUK BANGALORE - 562149. RESPONDENT (BY SRI. UMESH M N.,ADVOCATE) THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 TO SET ASIDE THE IMPUGNED ORDER DATED 20.06.2026 Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010501252026 NC: 2026:KHC:42492 MFA No. 5428 of 2026 PASSED BY PRINCIPAL SENIOR CIVIL JUDGE AND JMFC AT DEVANAHALLI IN OS.NO.812/2022 VIDE ANNEXURE-A AND DISMISSED IA.NO.8 VIDE ANNEXURE-F BY ALLOWING THE APPEAL WITH EXEMPLARY COSTS AND ETC,. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT Both learned counsel for the appellants and respondent are present before the Court. 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- 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 - 3 - HC-KAR CNR: KAHC010501252026 NC: 2026:KHC:42492 MFA No. 5428 of 2026 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 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 - 4 - HC-KAR CNR: KAHC010501252026 NC: 2026:KHC:42492 MFA No. 5428 of 2026 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) The proceedings shall commence from where it was stopped. vii) Learned District Judge shall make it endeavor to dispose of the application in view of the urgency within a period of 30 days from the date of receipt of copy of this order. Sd/- (PRADEEP SINGH YERUR) JUDGE PNV List No.: 1 Sl No.: 13