- 1 - HC-KAR CNR: KAHC010294012025 NC: 2026:KHC:42584 MFA No. 3162 of 2025 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. 3162 OF 2025 (CPC) BETWEEN: SAGAR T.G. S/O. LATE THIMMARAJU AGED ABOUT 24 YEARS R/O. BASAVANAGUDI BEEDI GULUR, GULUR HOBLI TUMAKURU TALUK TUMAKURU DISTRICT - 572 118. …APPELLANT (BY SRI K.N. SUNIL, ADVOCATE FOR SRI RAMESH K.R., ADVOCATE) AND: 1. SMT. VIJAYALAKSHMI D/O. NAGAPPA @ NAGAIAH @ NAGANNA W/O. MANJUNATH S.M. AGED ABOUT 44 YEARS R/O. SATHANUR VILLAGE HUNASAMARANAHALLI, JALA HOBLI BAGALUR, BENGALURU - 560 045. 2. SRI MANJUNATH T. S/O. NAGAPPA @ NAGAIAH @ NAGANNA AGED ABOUT 41 YEARS R/O. BASAVANAGUDI BEEDI GULUR, GULUR HOBLI TUMAKURU TALUK TUMAKURU DISTRICT - 572 118. 3. SRI NAGAPPA @ NAGAIAH @ NAGANNA Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010294012025 NC: 2026:KHC:42584 MFA No. 3162 of 2025 S/O. THIMMAIAH AGED ABOUT 80 YEARS. 4. SMT. LALITHAMMA W/O. LATE THIMMARAJU AGED ABOUT 46 YEARS. 5. SRI MANJUNATH T. S/O. LATE THIMMARAJU AGED ABOUT 44 YEARS. RESPONDENTS 4 AND 5 ARE R/AT BIDIRUMALE THOTA K.R. EXTENSION TUMAKURU - 572 101. 6. SMT. RATHNAMMA W/O. LATE THIMMARAJU AGED ABOUT 46 YEARS. 7. MS. KAVYA D/O. LATE THIMMARAJU AGED ABOUT 21 YEARS. RESPONDENTS NO.3, 6 AND 7 ARE R/O. BASAVANAGUDI BEEDI GULUR, GULUR HOBLI TUMAKURU TALUK TUMAKURU DISTRICT - 572 118. …RESPONDENTS (BY SRI UMASHANKAR L., ADVOCATE FOR R1 AND R2; SRI C.G. RAMAMOHAN, ADVOCATE FOR R4 AND R5; R6 SERVED - UNREPRESETED; VIDE ORDER DATED 21.07.2026, SERVICE OF NOTICE TO R3 IS HELD SUFFICIENT) THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 07.04.2025 - 3 - HC-KAR CNR: KAHC010294012025 NC: 2026:KHC:42584 MFA No. 3162 of 2025 PASSED ON I.AS. IN O.S.NO.411/2024 BY III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, TUMAKURU. THIS APPEAL, COMING ON FOR ORDERS, 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) 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. - 4 - HC-KAR CNR: KAHC010294012025 NC: 2026:KHC:42584 MFA No. 3162 of 2025 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 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; - 5 - HC-KAR CNR: KAHC010294012025 NC: 2026:KHC:42584 MFA No. 3162 of 2025 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, except the unserved respondent. vi) Interim order granted in the present appeal shall continue until further orders by the learned District Judge; vii) Notice may be issued to respondent No.7 by the learned District Judge. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 3