- 1 - HC-KAR CNR: KAHC010732682024 NC: 2026:KHC:42587 MFA No. 8291 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 8291 OF 2024 (CPC) BETWEEN: B.G. MANDARAK S/O. B.N. GANESH AGED ABOUT 12 YEARS SINCE MINOR REPRESENTED BY MOTHER AND NATURAL GUARDIAN SMT. S.H. BHARATHI W/O. B.N. GANESH AGED ABOUT 46 YEARS RESIDENT OF BALLU VILLAGE SAKALESHAPURA TALUK HASSAN DISTRICT - 573 127. PRESENTLY RESIDING AT NO.358 'SRI GURU NILAYA', F BLOCK, 11TH CROSS, SAHAKARANAGARA, BENGALURU - 560 092. …APPELLANT (BY SRI G. RAVISHANKAR, ADVOCATE FOR SRI A.V. GANGADHARAPPA, ADVOCATE) AND: 1. B.S.NEELAKANTA S/O. LATE SOMAPPA B.L. AGED ABOUT 81 YEARS. 2. SMT. JAYA NEELAKANTA W/O. B.S. NEELAKANTA AGED ABOUT 69 YEARS. 3. B.N.GANESH Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010732682024 NC: 2026:KHC:42587 MFA No. 8291 of 2024 S/O. B.S. NEELAKANTA AGED ABOUT 48 YEARS. ALL ARE RESIDENTS OF BALLU VILLAGE SAKALESHAPURA TALUK HASSAN DISTRICT - 573 127. 4. SMT. B.N. SAHITYA W/O. MANJUNATH AGED ABOUT 46 YEARS RESIDING AT NO.A1. NEAR GAGAN MANIYAR WHITE HOUSE, R.T. NAGARA BENGALURU - 560 032. 5. BEES POK REALITY REPRESENTED BY ITS PROPRIETOR (CLAIMS TO M/S. BEES POK VENTURES) NO.119, I FLOOR PANDURANGA NIVASA 17TH CROSS, 8TH MAIN MALLESHWARAM BENGALURU - 560 003. …RESPONDENTS (BY SRI S. KALYAN BASAVARAJ, ADVOCATE FOR R1 TO R4; SRI PRATHEEP K.C., ADVOCATE FOR R5) THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 30.11.2024 PASSED ON I.A.NO.3 IN O.S.NO.466/2023 BY THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC COURT, HASSAN. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010732682024 NC: 2026:KHC:42587 MFA No. 8291 of 2024 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) 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 - 4 - HC-KAR CNR: KAHC010732682024 NC: 2026:KHC:42587 MFA No. 8291 of 2024 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 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 02.09.2026 without awaiting any further notice; vi) Interim order granted in the present appeal shall continue until further orders by the learned District Judge; Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 14