- 1 - HC-KAR CNR: KAHC010377442026 NC: 2026:KHC:42781 MFA No. 4090 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. 4090 OF 2026 (CPC) BETWEEN: 1. SRI SURESH S/O A. V. CHANDRAPPA, AGED ABOUT 54 YEARS, R/AT. SHAKAMBARI LAYOUT, MANCHANAHALLI ROAD, ATTIBELE VILLAGE AND HOBLI, ANEKAL TALUK, BENGALURU DISTRICT. …APPELLANT (BY SRI. GANAPATHI BHAT, ADVOCATE) AND: 1. SMT S GIRIJA W/O. KRISHNAPPA, AGED ABOUT 48 YEARS, R/AT. NO. 401, 1000 LIGHTS APARTMENT, HIMMADAHALLI MAIN ROAD, WHITEFIELD, BENGALURU. 2. SRI. S. HARISH S/O. LATE SRINIVASAN, AGED ABOUT 61 YEARS, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010377442026 NC: 2026:KHC:42781 MFA No. 4090 of 2026 R/AT. NO. 5, 1ST CROSS ROAD, 3RD MAIN ROAD, WHITEFIELD, BENGALURU - 560066. …RESPONDENTS (BY SMT. R.SHAMA, ADVOCATE FOR C/R1 & R2) THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 28.03.2026 PASSED ON I.A.NO.1 AND 2 IN OS.NO.253/2026 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, ANEKAL, REJECTING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC AND ALLOWING THE I.A.NO.2 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 08.07.2026, which is affirmed by the Hon'ble Supreme Court in SLP(c) No.025075/2026 dated 03.08.2026. - 3 - HC-KAR CNR: KAHC010377442026 NC: 2026:KHC:42781 MFA No. 4090 of 2026 2. In view of the above, this Court deems it appropriate to transfer this matter to the learned Additional District Judge at Anekal 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 learned Additional District Judge at Anekal. iii) In case there are pending applications, the same also be transferred to be considered by the learned Additional District Judge at Anekal, in accordance with law. iv) Both the appellant and the respondents shall appear before the learned Additional District Judge at Anekal on 07.09.2026 without awaiting any further notice. v) 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 - 4 - HC-KAR CNR: KAHC010377442026 NC: 2026:KHC:42781 MFA No. 4090 of 2026 are left open to be agitated before the learned Additional District Judge at Anekal. Sd/- (PRADEEP SINGH YERUR) JUDGE VM List No.: 1 Sl No.: 41