- 1 - HC-KAR CNR: KAHC010489392026 NC: 2026:KHC:42915 MFA No. 5329 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO.5329 OF 2026 (CPC) BETWEEN: SRI. BASAVARAJU.A. N. S/O A.B.NIRANJAN AGED ABOUT 21 YEARS R/AT ANNANDADIKE VILLAGE LAKYA HOBLI CHIKKAMAGALURU TALUK-577 146. …APPELLANT (BY SRI. AJIT P B.,ADVOCATE) AND: 1. SRI.SATHISH S/O LATE HULIGOWDA AGED ABOUT 47 YEARS. 2. SRI. CHANDRASHEKAR, S/O LATE HULIGOWDA AGED ABOUT 43 YEARS. 3. SMT.GOWRAMMA, D/O LATE HULIGOWDA AGED ABOUT 69 YEARS. RESPONDENTS 1 TO 3 ARE R/AT GALIHALLI, LAKYA HOBLI KALASAPURA CHIKKAMAGALURU TALUK- 577 146. … RESPONDENTS (BY SRI.SACHIN B.S.,ADVOCATE FOR C/R-1 TO R-3) Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010489392026 NC: 2026:KHC:42915 MFA No. 5329 of 2026 THIS MFA IS FILED U/S 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 27.06.2026 PASSED ON I.A.NO 1 IN OS.NO.19/2026 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, CHIKKAMAGALURU, DISMISSING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC. THIS APPEAL, COMING ON FOR ADMISSION, 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. - 3 - HC-KAR CNR: KAHC010489392026 NC: 2026:KHC:42915 MFA No. 5329 of 2026 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. - 4 - HC-KAR CNR: KAHC010489392026 NC: 2026:KHC:42915 MFA No. 5329 of 2026 v) Since parties are represented before this Court, they shall appear before the learned District Judge on 7th September 2026 without awaiting any further notice. Sd/- (PRADEEP SINGH YERUR) JUDGE GSS List No.: 1 Sl No.: 45