- 1 - HC-KAR CNR: KAHC010398132026 NC: 2026:KHC:43146 MFA No. 4307 of 2026 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. 4307 OF 2026 (CPC) BETWEEN: 1. SRI K MADAIAH S/O. LATE. KEMPAIAH, AGED 86 YEARS, RAT MADAPPANADODDI VILLAGE, HORALAGALLU POST, KANAKAPURA TALUK, BANGALORE SOUTH DIST - 562 117 2. SMT. KEMPAMMA W/O. LATE. LINGAIAH, D/O. LATE. KEMPAIAH, AGED 83 YEARS, R/AT KUNURU VILLAGE, HORALAGALLU POST, KANAKAPURA TALUK, BANGALORE SOUTH DIST - 562 117 3. SMT. SHIVAMMA W/O. SHIVANANDAIAH, D/O. LATE. KEMPAIAH, AGED 78 YEARS, R/AT WARD NO.28, OPP. MALLESHWARAM TEMPLE, IJOOR, BANGALORE SOUTH DIST - 562 117 Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010398132026 NC: 2026:KHC:43146 MFA No. 4307 of 2026 4. SMT. PUTTAMADAMMA W/O. CHANDRASHEKHAR, D/O. LATE. KEMPAIAH, AGED 71 YEARS, R/AT BIDAGERE ROAD, BANGI RAMAIAH LAYOUT, ANEKAL TOWN, BANGALORE SOUTH, BANGALORE-562106 5. SMT. RATHNAMMA W/O. BASAVARAJU, D/O. LATE. KEMPAIAH, AGED 69 YEARS, R/AT WARD NO.28, OPP. MALLESHWARAM TEMPLE, IJOOR, BANGALORE SOUTH DIST - 562 117 6. SRI. M. K. BASAVARAJAPPA, S/O. LATE. KEMPAIAH, AGED 66 YEARS, R/AT LIG-513, 2ND STAGE, 8TH CROSS, KHB COLONY, VINOBHA NAGARA, SHIMOGA - 577 204 7. SRI. PRABHUSWAMY, S/O. LATE. KEMPAIAH, AGED 64 YEARS, R/AT NO.49A, VENKATARAJU LAYOUT, SIPAYI GALLI, NEAR LAKSHMI TALKIES, ANEKAL TOWN, BANGALORE SOUTH, BANGALORE - 562 106 …APPELLANTS (BY SRI. PRAKASH M.H., ADVOCATE) - 3 - HC-KAR CNR: KAHC010398132026 NC: 2026:KHC:43146 MFA No. 4307 of 2026 AND: 1. SMT BHADRAKALAMMA W/O. LATE. MADAPPA @ CHITAPPA. AGED 78 YEARS, R/AT HORALAGALLU VILLAGE AND POST, KASABA HOBLI, KANAKAPURA TALUK, BANGALORE SOUTH DIST - 562 117 2. SRI. V. MADAIAH, S/O. LATE. VEERATHAIAH, AGED 89 YEARS, 3. SRI. SHANTHAMURTHY, S/O. LATE. BASAVARAJU, AGED 53 YEARS, R2 AND R3 ARE R/AT MADAPPANADODDI VILLAGE, HORALAGALLU POST, KASABA HOBLI, KANAKAPURA TALUK, BANGALORE SOUTH DIST - 562 117 4. SMT. PAVITHRA W/O. PARAMESHWARA, D/O. LATE. BASAVARAJU, AGED 51 YEARS, R/AT NEAR SERICULTURE OFFICE, BWSSB WEST, BASAVESHWARA NAGARA, KANAKAPURA TOWN, BANGALORE SOUTH DIST - 562 117 - 4 - HC-KAR CNR: KAHC010398132026 NC: 2026:KHC:43146 MFA No. 4307 of 2026 5. SMT. ERAMMA W/O. LATE. MADAPPA @ MOOGAPPA, AGED 78 YEARS, 6. SRI NAGARAJU S/O. LATE. SHIVAMADAPPA, AGED 68 YEARS, 7. SRL SHIVANNA S/O. LATE. SHIVAMADAPPA, AGED 66 YEARS, 8. SRI. MAHADEVASWAMY S/O. LATE. SHIVAMADAPPA, AGED 65 YEARS, 9. SHRI SHIVAKUMAR S/O. LATE. SHIVAMADAPPA, AGED 63 YEARS, R5 TO R9 ARE R/AT R/AT MADAPPANADODDI VILLAGE, HORALAGALLU POST, KASABA HOBLI, KANAKAPURA TALUK, BANGALORE SOUTH DIST - 562 117 10. SRI. SHIVASWAMY S/O. LATE. SHIVAMADAPPA, AGED 61 YEARS, R/AT NO.16A, MALLESHWARA BHAVANA, WATER TANK ROAD, IJOOR, BANGALORE SOUTH DIST - 562 117 - 5 - HC-KAR CNR: KAHC010398132026 NC: 2026:KHC:43146 MFA No. 4307 of 2026 11. SRI. SHIVARUDRAPPA S/O. LATE. SHIVAMADAPPA, AGED 59 YEARS, R/AT WARD NO.30, OPP. WATER TANK ROAD, MALLESHWARA BHAVANA, IJOOR, BANGALORE SOUTH DIST - 562 117 12. SMT. SHIVARATHNAMMA W/O. VIJAYAKUMAR, D/O. LATE. SHIVAMADAPPA, AGED 55 YEARS, R/AT NO.29, WARD NO.19, NEAR BHAVANA CLINIC, MALLESHWARA BHAVAN, IJOOR, BANGALORE SOUTH DIST - 562 117 13. SMT. SOWBHAGYA D/O. LATE. SHIVAMADAPPA, AGED 51 YEARS 14. SRI. BASAPPA @ YALAVAPPA, S/O. LATE. CHANNABASAPPA, AGED 83 YEARS R13 TO R14 ARE R/AT MADAPPANADODDI VILLAGE, HORALAGALLU POST, KASABA HOBLI, KANAKAPURA TALUK, BANGALORE SOUTH DIST - 562 117 …RESPONDENTS (BY SRI. ANIL KUMAR R., ADVOCATE VIDE ORDER DATED 10.07.2026, NOTICE TO R2-R14 IS D/W) - 6 - HC-KAR CNR: KAHC010398132026 NC: 2026:KHC:43146 MFA No. 4307 of 2026 THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.17/03/2026 PASSED ON IA NO.1 IN O.S.NO.830/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., KANAKAPURA.,REJECTING THE IA NO.1 FILED U/O.39 RULE 1 AND 2 R/W SEC.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) 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. - 7 - HC-KAR CNR: KAHC010398132026 NC: 2026:KHC:43146 MFA No. 4307 of 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. 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. - 8 - HC-KAR CNR: KAHC010398132026 NC: 2026:KHC:43146 MFA No. 4307 of 2026 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) Contesting parties are present before this court, they shall appear before the learned District Court on 02.09.2026. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 40