- 1 - HC-KAR CNR: KAHC010334362026 NC: 2026:KHC:42095 MFA No. 3450 of 2026 C/W MFA No. 3451 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 3450 OF 2026 (CPC) C/W MISCELLANEOUS FIRST APPEAL NO. 3451 OF 2026 (CPC) IN MFA No. 3450/2026 BETWEEN: SRI G.N. CHANDRASHEKAR GOWDA SON OF LATE. NANJUNDAIAH AGED ABOUT 75 YEARS, RESIDING AT FLAT NO.A-1301 AJMERA GREEN ACRES BANNERGHATTA MAIN ROAD KALENA AGRAHARA BENGALURU - 560 076. …APPELLANT (BY SRI MADHUKAR DESHPANDE, ADVOCATE) AND: AJMERA GREEN ACRES APARTMENT OWNERS' ASSOCIATION REGISTERED UNDER THE KARNATAKA APARTMENT OWNERSHIP ACT, 1972 OFFICE AT NO.20/1, AJMERA GREEN ACRES BANNERGHATTA MAIN ROAD KALENA AGRAHARA BENGALURU - 560 076. REPRESENTED BY ITS PRESIDENT. …RESPONDENT (BY SMT. BEENA P.K., ADVOCATE) Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010334362026 NC: 2026:KHC:42095 MFA No. 3450 of 2026 C/W MFA No. 3451 of 2026 THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 27.04.2026 PASSED ON IA.NO.1 IN O.S.NO.891/2026 BY THE VII ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, BENGALURU RURAL DISTRICT, BENGALURU AND ETC. IN MFA NO. 3451/2026 BETWEEN: SRI G. N. CHANDRASHEKAR GOWDA SON OF LATE NANJUNDAIAH AGED ABOUT 74 YEARS RESIDING AT FLAT NO. D-1301 AJMERA GREEN ACRES BANNERGHATTA MAIN ROAD KALENA AGRAHARA BENGALURU - 560 076. ...APPELLANT (BY SRI MADHUKAR DESHPANDE, ADVOCATE) AND: AJMERA GREEN ACRES APARTMENT OWNERS' ASSOCIATION REGISTERED UNDER THE KARNATAKA APARTMENT OWNERSHIP ACT, 1972 OFFICE AT NO.20/1 AJMERA GREEN ACRES BANNERGHATTA MAIN ROAD KALENA AGRAHARA BENGALURU - 560 076 REPRESENTED BY ITS PRESIDENT. ...RESPONDENT (BY SMT. BEENA P.K., ADVOCATE) - 3 - HC-KAR CNR: KAHC010334362026 NC: 2026:KHC:42095 MFA No. 3450 of 2026 C/W MFA No. 3451 of 2026 THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 02.05.2026 PASSED ON IA.NO.3 IN O.S.NO.891/2026 BY THE VII ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, BENGALURU RURAL DISTRICT, BENGALURU AND ETC. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT These appeals 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 these matters to the concerned - 4 - HC-KAR CNR: KAHC010334362026 NC: 2026:KHC:42095 MFA No. 3450 of 2026 C/W MFA No. 3451 of 2026 District Court for adjudication of the matters from the stage where it is stopped. 3. Accordingly, I pass the following: O R D E R i) These appeals stand disposed of for statistical purposes; ii) Registry is directed to transfer the entire record of these cases, 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 these cases and all rights and contentions of the parties - 5 - HC-KAR CNR: KAHC010334362026 NC: 2026:KHC:42095 MFA No. 3450 of 2026 C/W MFA No. 3451 of 2026 are left open to be agitated before the concerned Appellate Court; v) Since the parties are represented before this Court, they shall appear before the learned District Judge on 01.09.2026 without awaiting any further notice. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 29