- 1 - HC-KAR CNR: KAHC010424522026 NC: 2026:KHC:43011 MFA No. 4644 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. 4644 OF 2026 (CPC) BETWEEN: 1. SMT. THIMMAKKA, AGED ABOUT 68 YEARS, W/O LATE VEERABADRIAH, R/ AT ADAKAVALA VILLAGE, SASALUHOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 562110 …APPELLANT (BY SRI. CHANABASAPPA S N.,ADVOCATE) AND: 1. SMT. MUNITHAYAMMA W/O LATE ASHWATHAPPA, AGED ABOUT 70 YEARS 2. SRI. KRISHNAMURTHY S/O LATE ASHWATHAPPA, AGED ABOUT 53 YEARS 3. SRI. NAGARAJA, S/O LATE ASHWATHAPPA, AGED ABOUT 51 YEARS Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010424522026 NC: 2026:KHC:43011 MFA No. 4644 of 2026 4. SRI. SUBRAMANI, S/O LATE ASHWATHAPPA, AGED ABOUT 45 YEARS 5. SRI. MANOHARA, S/O LATE ASHWATHAPPA, AGED ABOUT 41 YEARS RESPONDENTS NO.1 TO 5 ARE RESIDING AT ALURUDUDDANAHALLI VILLAGE, KUNDANAHOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT. 6. SMT. ANJINAMMA, W/O ANANDAPPA, AGED ABOUT 56 YEARS 7. SRI. ANANDAPPA AGED ABOUT 60 YEARS, S/O ANJINAPPA. 8. SMT. CHAITRA, AGED ABOUT 37 YEARS, D/O ANANDAPPA. 9. SMT. MYTRA, AGED ABOUT 33 YEARS, D/O ANANDAPPA. 10. SRI. PRAJWAL, AGED ABOUT 30 YEARS, S/O ANANDAPPA. - 3 - HC-KAR CNR: KAHC010424522026 NC: 2026:KHC:43011 MFA No. 4644 of 2026 THE RESPONDENTS NO.6 TO 10 ARE RESIDING AT, JOTHIPURA VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BENGALRU RURAL DISTRICT 11. SRI. PAPPANNA S/O LATE KENCHAPPA, AGED ABOUT 72 YEARS. 12. SMT. LAKSHMAMMA, AGED ABOUT 58 YEARS, W/O PAPANNA 13. SMT. NAGAMMA AGED ABOUT 55 YEARS W/O. PAPANNA. 14. SRI. ANJINAPPA, AGED ABOUT 38 YEARS, S/O. PAPANNA. 15. SRI. P. KESHAVA, AGED ABOUT 36 YEARS, S/O. PAPANNA. 16. SMT. MAMATHA AGED ABOUT 33 YEARS, D/O. PAPANNA, W/O MALLIKARJUNA. RESPONDENTS NO.11 TO 16 ARE RESIDING AT, GOLLARABEEDHI, BEHIND K E B , DEVANAHALLI TOWN, BENGALURU RURAL DISTRICT - 4 - HC-KAR CNR: KAHC010424522026 NC: 2026:KHC:43011 MFA No. 4644 of 2026 17. SRI.PARTHA YADAV AGED ABOUT 39 YEARS, S/O ERAPPA, RESIDING AT SINGRAHALLI VILLAGE, KUNDANAHOBLI, DEVANAHALLI TALUK. …RESPONDENTS THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT. 26.03.2026 PASSED ON IA NO.3 IN O.S.NO.581/2025 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI, DISMISSING THE IA.NO.3 FILED U/O.39 RULE 4 R/W SECTION 151 OF CPC, 1908. 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) - 5 - HC-KAR CNR: KAHC010424522026 NC: 2026:KHC:43011 MFA No. 4644 of 2026 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. 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. - 6 - HC-KAR CNR: KAHC010424522026 NC: 2026:KHC:43011 MFA No. 4644 of 2026 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. v) List this matter on 07.09.2026 before the learned District Court. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK, List No.: 1 Sl No.: 44