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2026 DAILYLAW 33265 (KAR)

JAYAMMA v. RATHNAMMA

MFA/4722/2026 · 2026-08-07

Pradeep Singh Yerur

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010432332026 NC: 2026:KHC:41863 MFA No. 4722 of 2026 C/W MFA No. 4757 of 2026 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. 4722 OF 2026 (CPC) C/W MISCELLANEOUS FIRST APPEAL NO. 4757 OF 2026 (CPC) IN MFA No. 4722/2026 BETWEEN: 1. JAYAMMA AGED ABOUT 65 YEARS D/O. LATE MUNIVENKATAPPA. 2. KRISHNAPPA AGED ABOUT 60 YEARS S/O. LATE MUNIVENKATAPPA. BOTH R/AT KAMMANAHALLI VILLAGE, BEGUR HOBLI BENGALURU SOUTH TALUK - 560 076. …APPELLANTS (BY SRI MANIVANNAN G., ADVOCATE) AND: 1. RATHNAMMA AGED ABOUT 64 YEARS D/O. LATE MUNIVENKATAPPA R/AT KUTHAGANAHALLI VILLAGE SARJAPURA HOBLI ANEKAL TALUK - 562 125. 2. NAGARAJ AGED ABOUT 63 YEARS S/O. LATE MUNIVENKATAPPA Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010432332026 NC: 2026:KHC:41863 MFA No. 4722 of 2026 C/W MFA No. 4757 of 2026 R/AT KUTHAGANAHALLI VILLAGE SARJAPURA HOBLI ANEKAL TALUK - 562 125. 3. NARAYANA AGED ABOUT 62 YEARS S/O. LATE MUNIVENKATAPPA R/AT VARTHUR, K.R.PURAM HOBLI BENGALURU EAST TALUK - 560 087. 4. RADHAMMA AGED ABOUT 61 YEARS D/O. LATE MUNIVENKATAPPA R/AT THINDLU VILLAGE SARJAPURA HOBLI ANEKAL TALUK - 562 125. 5. JAYARAMAPPA AGED ABOUT 70 YEARS S/O. LATE VENKATAPPA R/AT KUTHAGANAHALLI VILLAGE SARJAPURA HOBLI ANEKAL TALUK - 562 125. 6. M/S. R.K. DEVELOPERS INC. A PARTNERSHIP FIRM NO.827, 1ST FLOOR, 4TH CROSS 10TH MAIN, KORAMANGALA 3RD BLOCK, BENGALURU - 560 034 REP. BY ITS PARTNER BHARATH M C.K. S/O. S. MANOHAR. 7. MUNESHWAR RAOGALI AGED ABOUT 45 YEARS S/O. MUNIRATHNAMGALI R/AT NO.1-10, II FLOOR K.B. ROYAL APARTMENT ROYAL GARDENIA LAYOUT BOMMASANDRA, ATTIBELE HOBLI - 3 - HC-KAR CNR: KAHC010432332026 NC: 2026:KHC:41863 MFA No. 4722 of 2026 C/W MFA No. 4757 of 2026 ANEKAL TALUK - 560 099. …RESPONDENTS THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 02.04.2026 PASSED ON IA.NO.I IN O.S.NO.1334/2025 BY II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, ANEKAL. IN MFA NO. 4757/2026 BETWEEN: 1. JAYAMMA AGED ABOUT 65 YEARS D/O. LATE MUNIVENKATAPPA. 2. KRISHNAPPA AGED ABOUT 60 YEARS S/O. LATE MUNIVENKATAPPA. BOTH R/AT KAMMANAHALLI VILLAGE, BEGUR HOBLI BENGALURU SOUTH TALUK - 560 076. ...APPELLANTS (BY SRI MANIVANNAN G., ADVOCATE) AND: 1. RATHNAMMA AGED ABOUT 64 YEARS D/O. LATE MUNIVENKATAPPA R/AT KUTHAGANAHALLI VILLAGE SARJAPURA HOBLI ANEKAL TALUK - 562 125. 2. NAGARAJ AGED ABOUT 63 YEARS S/O. LATE MUNIVENKATAPPA R/AT KUTHAGANAHALLI VILLAGE SARJAPURA HOBLI - 4 - HC-KAR CNR: KAHC010432332026 NC: 2026:KHC:41863 MFA No. 4722 of 2026 C/W MFA No. 4757 of 2026 ANEKAL TALUK - 562 125. 3. NARAYANA AGED ABOUT 62 YEARS S/O. LATE MUNIVENKATAPPA R/AT VARTHUR, KR PURAM HOBLI BENGALURU EAST TALUK - 560 087. 4. RADHAMMA AGED ABOUT 61 YEARS D/O. LATE MUNIVENKATAPPA R/AT THINDLU VILLAGE SARJAPURA HOBLI ANEKAL TALUK - 562 125. 5. JAYARAMAPPA AGED ABOUT 70 YEARS S/O. LATE VENKATAPPA R/AT KUTHAGANAHALLI VILLAGE SARJAPURA HOBLI ANEKAL TALUK - 562 125. 6. M/S. R.K. DEVELOPERS INC. A PARTNERSHIP FIRM NO.827, 1ST FLOOR, 4TH CROSS 10TH MAIN, KORAMANGALA 3RD BLOCK, BENGALURU - 560 034 REP. BY ITS PARTNER BHARATH M.C.K S/O. S. MANOHAR. 7. MUNESHWAR RAOGALI AGED ABOUT 45 YEARS S/O. MUNIRATHNAMGALI R/AT NO.1-10, II FLOOR K.B. ROYAL APARTMENT ROYAL GARDENIA LAYOUT BOMMASANDRA, ATTIBELE HOBLI ANEKAL TALUK - 560 099. ...RESPONDENTS - 5 - HC-KAR CNR: KAHC010432332026 NC: 2026:KHC:41863 MFA No. 4722 of 2026 C/W MFA No. 4757 of 2026 THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 02.04.2026 PASSED ON IA.NO.2 IN O.S.NO.1334/2025 BY II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, ANEKAL. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT These appeals 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 these matters to the concerned District Court for adjudication of the matters from the stage where it is stopped. - 6 - HC-KAR CNR: KAHC010432332026 NC: 2026:KHC:41863 MFA No. 4722 of 2026 C/W MFA No. 4757 of 2026 3. Accordingly, I pass the following: O R D E R i) These appeals stand disposed of for statistical purposes; ii) Registry is directed to transfer the entire record of these cases, 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 these cases and all rights and contentions of the parties are left open to be agitated before the concerned Appellate Court; - 7 - HC-KAR CNR: KAHC010432332026 NC: 2026:KHC:41863 MFA No. 4722 of 2026 C/W MFA No. 4757 of 2026 v) Since the parties are represented before this Court, they shall appear before the learned District Judge on 24.08.2026 without awaiting any further notice. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 32