- 1 - HC-KAR CNR: KAHC010461122026 NC: 2026:KHC:41910 MFA No. 5051 of 2026 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. 5051 OF 2026 (CPC) BETWEEN: SMT. B S SHASHIKALA W/O. ARUN KUMAR AGED ABOUT 42 YEARS R/AT AREHALLI VILLAGE, BELURU TALUK HASSAN DISTRICT- 573 101 …APPELLANT (BY SRI. ASHOK KUMAR M C.,ADVOCATE) AND: 1. DUNITHASHREE K S D/O. SURESHA K.S, AGED ABOUT 18 YEARS, 2. MISS. POOJA D/O.SURESHA K.S AGED ABOUT 16 YEARS (MINOR) 3. HITHAN, D/O. SURESHA K.S AGED ABOUT 9 YEARS (MINOR) SINCE R-2 & R-3 ARE MINORS THEY ARE REPRESENTED BY RESPONDENT NO. 4 THEIR MOTHER NATURAL GUARDIAN AS THEIR NEXT FRIEND. Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010461122026 NC: 2026:KHC:41910 MFA No. 5051 of 2026 4. SMT. K.S. SHASHIKALA, W/O. SURESHA K. S., AGED ABOUT 39 YEARS, ALL ARE R/AT MARADIYURU VILLAGE, HARANAHALLI HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT.- 571 104 5. SRI. SURESHA K.S, S/O. LATE K.N. SEENAPPA, AGED ABOUT 49 YEARS 6. SMT. K.V. GEETHA, D/O. LATE K.N. SEENAPPA W/O K.K. VENKATESHA, AGED ABOUT 43 YEARS RESPONDENT 5 & 6 ARE R/AT MARADIYURU VILLAGE, HARANAHALLI HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT- 571 104 …RESPONDENTS THIS MFA IS FILED U/S 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 08.06.2026 PASSED ON I.A.NO III IN OS.NO. 273/2025 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, PERIYAPATNA, ALLOWING THE I.A.NO. III FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR - 3 - HC-KAR CNR: KAHC010461122026 NC: 2026:KHC:41910 MFA No. 5051 of 2026 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. Accordingly, I pass the following: O R D E R i) The appeal stands disposed of for statistical purposes. - 4 - HC-KAR CNR: KAHC010461122026 NC: 2026:KHC:41910 MFA No. 5051 of 2026 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. Sd/- (PRADEEP SINGH YERUR) JUDGE GSS List No.: 1 Sl No.: 47