- 1 - HC-KAR CNR: KAHC010690512025 NC: 2026:KHC:41710 MFA No. 7890 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 7890 OF 2025 (CPC) BETWEEN: 1. SRI. VIJAYA KUMAR, S/O SRI. GUNDAPPA, AGED ABOUT 22 YEARS, R/AT VADDARAPALYA VILLAGE, BEGIHALLI DHAKALE, JIGANI HOBLI, ANEKAL TALUK, BENGALURU DISTRICT …APPELLANT (BY SRI.K.R.NAGARAJA ADVOCATE FOR SRI.V VISWANATH SETTY.,ADVOCATE) AND: 1. SMT. CHINNAMMA, W/O LATE VENKATASWAMY, AGED ABOUT 53 YEARS 2. SRI. ANAND, S/O LATE VENKATASWAMY, AGED ABOUT 31 YEARS, 3. SRI. HARISH, S/O LATE VENKATASWAMY, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010690512025 NC: 2026:KHC:41710 MFA No. 7890 of 2025 AGED ABOUT 29 YEARS, 4. SMT. MUNIVENKATAMMA, W/O LATE VENKATASWAMY, AGED ABOUT 51 YEARS, 5. SRI. VENKATESH, S/O LATE VENKATASWAMY, AGED ABOUT 27 YEARS, 6. SMT. GANGAMMA, D/O LATE VENKATASWAMY, AGED ABOUT 25 YEARS, 7. SMT. YELLAMMA, D/O SRI PILLAPPA, W/O GURURU MURTHY, AGED ABOUT 53 YEARS, 8. SMT. SUMA, D/O LATE GUNDAPPA, AGED ABOUT 55 YEARS, 9. SRI. ANANTHA RAM, S/O SRI. PILLAPPA, AGED ABOUT 43 YEARS, 10. SMT. VIJAYALAKSHMI, D/O LATE MUNISWAMY, AGED ABOUT 47 YEARS, 11. SMT. LAKSHMI, D/O LATE MUNISWAMY, AGED ABOUT 43 YEARS, - 3 - HC-KAR CNR: KAHC010690512025 NC: 2026:KHC:41710 MFA No. 7890 of 2025 12. SRI. MUNIGANGAPPA, S/O LATE MUNISWAMY, AGED ABOUT 41 YEARS, 13. SMT.KANTHAMMA, D/O LATE MUNISWAMY, AGED ABOUT 40 YEARS, 14. SRI. VENKATESH, S/O LATE MUNISWAMY, AGED ABOUT 39 YEARS, 15. SRI SRINIVASA, S/O DODDA VENKATAMMA, AGED ABOUT 45 YEARS, 16. SMT. AKKAYYA, D/O DODDA VENKATAMMA, AGED ABOUT 37 YEARS, 17. SMT. VENKATAAMMA, D/O RAMA BHOVI, AGED ABOUT 59 YEARS, 18. SMT. SUGUNA, W/O LATE MUNI REDDY, AGED ABOUT 57 YEARS, 19. SMT. GEETHA, D/O LATE MUNI REDDY, AGED ABOUT 39 YEARS, 20. SRI. SUNIL REDDY, S/O LATE MUNI REDDY, - 4 - HC-KAR CNR: KAHC010690512025 NC: 2026:KHC:41710 MFA No. 7890 of 2025 AGED ABOUT 36 YEARS, 21. SRI. RAVI REDDY, S/O LATE MUNI REDDY, AGED ABOUT 32 YEARS, 22. SRI. VENKATAPPA, H/O GANGAMMA, AGED ABOUT 61 YEARS, 23. SMT. GOWRAMMA, D/O GANGAMMA, W/O ANNAYAPPA, AGED ABOUT 36 YEARS, 24. SRI. GANGAPPA, S/O SMT. GANGAMMA, AGED ABOUT 46 YEARS, RESPONDENTS NO.1 TO 24 ARE R/AT VADDARAPALYA VILLAGE, BEGIHALLI DHAKALE, JIGANI HOBLI, ANEKAL TALUK, BENGALURU DISTRICT-562 106 25. SRI. LOKESH, S/O SRI. LAKSHMAIAH, AGED ABOUT 47 YEARS, R/AT SAMPANGI NAGAR (VADDARAPALYA), KAMMASANDRA DHAKALE, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU DISTRICT 562 106 …RESPONDENTS - 5 - HC-KAR CNR: KAHC010690512025 NC: 2026:KHC:41710 MFA No. 7890 of 2025 THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT. 02.06.2025 PASSED ON IA NO.1 IN O.S.NO.562/2024 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, ANEKAL, DISMISSING THE IA.NO.1 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC, 1908. THIS APPEAL, COMING ON FOR ORDERS, 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. - 6 - HC-KAR CNR: KAHC010690512025 NC: 2026:KHC:41710 MFA No. 7890 of 2025 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. - 7 - HC-KAR CNR: KAHC010690512025 NC: 2026:KHC:41710 MFA No. 7890 of 2025 iv) The appellants are permitted to carry out necessary amendment in the cause-title. 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 are left open to be agitated before the concerned Appellate Court. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 22