- 1 - HC-KAR CNR: KAHC010070182026 NC: 2026:KHC:43338 MFA No. 772 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 772 OF 2026 (CPC) BETWEEN: 1. SMT. H GIRIJAMBA W/O. LATE RAMAPRASADA, D/O. LATE H. NANJUNDAIAH, AGED ABOUT 66 YEARS 2. SMT. H.N. SAVITHRAMMA @ SUNDARAMTA W/O. LATE M.S. SUBBA RAO, D/O. LATE H. NANJUNDAIAH, AGED ABOUT 74 YEARS, 3. SMT. H.N. SAROJAMMA, W/O. SRI. KRISHNAMURTHY, D/O. LATE H.NANJUNDAIAH, AGED ABOUT 72 YEARS, APPELLANT NOS. 1 TO 3 ARE R/AT NO. 283, 1ST FLOOR 3RD AVENUE, 3RD MAIN ROAD TEACHERS COLONY, KORAMANGALA 3RD BLOCK EAST BENGALURU - 560 034. 4. SMT. H.N. VIJAYAMBA, W/O LATE GOPALA KRISHNA D/O LATE H. NANJUNDAIAH SINCE DEAD BY HER LR'S Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010070182026 NC: 2026:KHC:43338 MFA No. 772 of 2026 4(a) SMT.K.G SHYLAJA D/O LATE H.N VIJAYAMBA AGED ABOUT 61 YEARS, 4 (b) SRI. K.G. SURESH S/O LATE H. N VIJAYAMBA AGED ABOUT 60 YEARS, 4 (c) SMT K.G.SHASHIKALA D/O LATE H. N VIJAYAMBA AGED ABOUT 50 YEARS, 4 (d) SMT D.C.PREMALATHA W/O K.G. BALASUBRAMANYAM AGED ABOUT 50 YEARS APPELLANT NOS. 4 (a) to 4 (s) ARE R/AT NO. 283, 1ST FLOOR 3RD AVENUE, 3RD MAIN ROAD TEACHERS COLONY, KORAMANGALA 3RD BLOCK EAST BENGALURU - 560 034. 5. SMT. MANJULA W/O. PARASHURAMA MURTHY D /O. LATE H.NANJUNDAIAH AGED ABOUT 55 YEARS C/O.MR. H.N. PUTTANNA NO. 7/21, 1ST FLOOR 4TH CROSS, 5TH MAIN BEHIND BSV TEMPLE, BSK 3RD STAGE, HOSAKEREHALLI, BANGALORE-560 085. …APPELLANTS (BY SMT.SUSHEELA., SENIOR COUNSEL A/W SRI.UMA SHANKAR L., ADVOCATE) - 3 - HC-KAR CNR: KAHC010070182026 NC: 2026:KHC:43338 MFA No. 772 of 2026 AND: 1. M/S ADYU ESTATES REP. BY ITS PARTNER SRI. M.S. R. KRISHNAN, AGED ABOUT 43 YEARS, NO.699, AVINASHI ROAD, COIMBATORE-641 037 2. SRI.H.N. PUTTANNA, S/O LATE H. NANJUNDAIAH, AGED ABOUT 78 YEARS, 3. SRI H N SRIKANTA S/O LATE H. NANJUNDAIAH AGED ABOUT 70 YEARS, 4. SMT. SHANTHA, W/O LATE H. NAGABHUSHAN RAO AGED ABOUT 82 YEARS 5. SRI. H. N. SHIVAKUMAR, S/O LATE H. NAGABHUSHAN RAO AGED ABOUT 55 YEARS 6. SRI. H.N. CHANDRASHEKAR, S/O LATE H. NAGABHUSHAN RAO AGED ABOUT 56 YEARS, RESPONDENT NOS. 2 TO 6 ARE R/AT NO. 7/2, 1ST FLOOR 4TH CROSS, 5TH MAIN BEHIND BSV TEMPLE BSK 3RD STAGE, HOSAKEREHALLI BENGALURU -560 085. 7. SMT. SUBBALAKSHMAMMA W/O LATE MUNISONNAPPA AGED ABOUT 70 YEARS, - 4 - HC-KAR CNR: KAHC010070182026 NC: 2026:KHC:43338 MFA No. 772 of 2026 8. SMT L M SUJATHA D/O LATE MUNISONNAPPA AGED ABOUT 55 YEARS, 9. SRI L M VIJAYAKUMAR S/O LATE MUNISONNAPPA AGED ABOUT 53 YEARS, 10. SRI L M LOKESH S/O LATE MUNISONNAPPA AGED ABOUT 51 YEARS, 11. SRI L M PRADEEP KUMAR S/O LATE MUNISONNAPPA AGED ABOUT 49 YEARS, RESPONDENT NOS. 8 TO 12 ARE R/AT LOKKANDAHALLY VILLAGE KASABA HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT - 562 114 12. SRI R MUNISHAMAPPA S/O LATE MUNISHAMAPPA AGED ABOUT 77 YEARS R/AT NO. 73, SY.NO. 21/P1 DYAVARAHALLI GATE KUNDANA HOBLI, JALIGE POST DEVANAHALLI TALUK BENGALURU RURAL DISTRICT BENGALURU - 562 110. 13. SRI. B.K.NARAYANASWAMY S/O LATE KRISHNAPPA AGED ABOUT 42 YEARS R/AT NO.10, 'NANDA GOKULA NILAYA' S.BACHALLI, KUNDANA HOBLI, DEVANAHALLI -562 110. 14. SRI. POUL ANTONY S/O ANTONY POUL - 5 - HC-KAR CNR: KAHC010070182026 NC: 2026:KHC:43338 MFA No. 772 of 2026 AGED ABOUT 33 YEARS R/AT NO. C-32 SHOBA IVORY ST.JOHN'S ROAD BENGALURU - 560 042 15. SRI. B. R. NARTHAN S/O B.N. RAMACHANDRA AGED ABOUT 34 YEARS R/AT NO.153, MATHADAGUDDA ESTATE BELAGODU VILLAGE …RESPONDENTS (BY SRI.G,KRISHNA MURTHY., SENIOR COUSNEL FOR SRI.KUMARA., ADVOCATE FOR C/R-1; NOTICE TO R2 TO R15 IS DISPENSED WITH V.O.D 16.4.2026) THIS MFA IS FILED U/S 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 05.01.2026 PASSED ON I.A.NO.2 IN OS.NO.68/2025 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI, PARTLY ALLOWING THE I.A.NO.2 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC. THIS APPEAL, COMING ON FOR ADMISISION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT Learned Senior counsel Smt.Susheela appears on behalf of learned counsel Sri Uma Shankar.L., for the appellants. Learned Senior counsel Sri G.Krishna Murthy appears on behalf - 6 - HC-KAR CNR: KAHC010070182026 NC: 2026:KHC:43338 MFA No. 772 of 2026 of learned counsel Sri Kumara for the caveator-respondent No.1. 2. Since this appeal arises out of the order passed by the III Additional Senior Civil Judge and JMFC, Devanahalli, the same 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 08.07.2026, which is affirmed by the Hon'ble Supreme Court in SLP(c) No.025075/2026 dated 03.08.2026. 3. In view of the above, this Court deems it appropriate to transfer this matter to the Additional District Judge, Devanahalli 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. - 7 - HC-KAR CNR: KAHC010070182026 NC: 2026:KHC:43338 MFA No. 772 of 2026 ii) Registry is directed to transfer the entire record of the case to the Additional District Judge, Devanahalli. iii) In case there are pending applications, the same also be transferred to be considered by the Additional District Judge, Devanahalli, in accordance with law. iv) Both the appellants and the respondents shall appear before the Additional District Judge, Devanahalli on 08.09.2026 without awaiting any further notice from this Court or from the District Court. v) Status-quo granted by this Court shall continue till the District Court decides the application-I.A.No.2/2026. vi) The District Court shall consider and decide the application-I.A.No.2/2026 within a period of 15 days from the date of appearance. vii) It is made clear that this Court has not expressed any opinion on the merits of the application or on the suit proceedings. - 8 - HC-KAR CNR: KAHC010070182026 NC: 2026:KHC:43338 MFA No. 772 of 2026 viii) It is also made clear that the District Court shall not be influenced by any of the observations including the status quo granted by this Court, while deciding the application on hand. ix) All contentions are kept open. Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE VM List No.: 1 Sl No.: 28