- 1 - HC-KAR CNR: KAHC010044622019 NC: 2026:KHC:42620 MFA No. 1917 of 2019 C/W MFA No. 1916 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 1917 OF 2019 (CPC) C/W MISCELLANEOUS FIRST APPEAL NO. 1916 OF 2019 IN MFA No. 1917/2019 BETWEEN: SHRI G S BHAT S/O LATE SHANKAR BHAT AGED ABOUT 80 YEARS R/AT NO.1131, 8TH B MAIN ROAD 2ND CROSS, IST STAGE BTM LAYOUT, BENGALURU-560 029 …APPELLANT (BY SRI.K.R.NAGARAJA, ADVOCATE FOR SRI V.VISWANATHA SETTY, ADVOCATE) AND: 1. SMT GRACE TAKKAR W/O V G TAKKAR AGED ABOUT 69 YEARS R/AT NO.15, HARISH ROAD BENSON TOWN, BENGALURU-560 046 2. SMT PANKAJAMMAL W/O LATE BUDDA AGED ABOUT 72 YEARS Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010044622019 NC: 2026:KHC:42620 MFA No. 1917 of 2019 C/W MFA No. 1916 of 2019 R/AT NO.370, 2ND MAIN ROAD, 10TH CROSS, INDIRANAGAR BENGALURU -560 008 3. SMT M PUSHPA W/O G L SOMASHEKAR AGED ABOUT 40 YEARS 4. SHRI G L SOMASHEKAR S/O LAKKE GOWDA AGED ABOUT 41 YEARS 5. 5.(a) 5 (b) 5 (c) 5 (d) 5 (e) SMT PAPAMMA SINCE DEAD BY HER LR'S SMT.PRABHAVATHI D/O.LATE PAPAMMA AGED ABOUT 63 YEARS SMT.LEELAVATHI D/O.LATE PAPAMMA AGED ABOUT 55 YEARS SMT.RAMAVATHI D/O.LATE PAPAMMA AGED ABOUT 50 YEARS SRI.M.SATISH REDDY S/O.LATE PAPAMMA AGED ABOUT 51 YEARS SMT.AMARAVATHI D/O.LATE PAPAMMA AGED ABOUT 53 YEARS ALL ARE R/AT NO.123 BEGUR MAIN ROAD HONGASANDRA BENGALURU - 560 068 …RESPONDENTS (NOTICE TO R1 & R2 IS DISPENSED WITH V.O.D 31.08.2021; NOTICE ARE SERVED TO R5(a) to R5(e) V.O.D 19.11.2025; NOTICE SERVED TO R3 & R4 & UNRREPRESENTED) - 3 - HC-KAR CNR: KAHC010044622019 NC: 2026:KHC:42620 MFA No. 1917 of 2019 C/W MFA No. 1916 of 2019 THIS MFA IS FILED U/S 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 13.11.2018 PASSED ON I.NAO.2 IN OS.NO.998/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, ANEKAL, DISMISSING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC. IN MFA NO. 1916/2019 BETWEEN: SHRI G S BHAT S/O LATE SHANKAR BHAT AGED ABOUT 80 YEARS R/AT NO.1131, 8TH B MAIN ROAD 2ND CROSS, IST STAGE BTM LAYOUT, BENGALURU-560 029 ... APPELLANT (BY SRI.K.R.NAGARAJA, ADVOCATE FOR SRI V.VISWANATHA SETTY, ADVOCATE ) AND: 1. SMT GRACE TAKKAR W/O V G TAKKAR AGED ABOUT 69 YEARS R/AT NO.15, HARISH ROAD BENSON TOWN BENGALURU-560 046 2. SMT PANKAJAMMAL W/O LATE BUDDA AGED ABOUT 72 YEARS R/AT NO.370, 2ND MAIN ROAD 10TH CROSS, INDIRANAGAR BENGALURU -560 008 3. SMT M PUSHPA W/O G L SOMASHEKAR AGED ABOUT 40 YEARS - 4 - HC-KAR CNR: KAHC010044622019 NC: 2026:KHC:42620 MFA No. 1917 of 2019 C/W MFA No. 1916 of 2019 4. SHRI G L SOMASHEKAR S/O LAKKE GOWDA AGED ABOUT 41 YEARS 5. 5(a) 5 (b) 5 (c) 5 (d) 5 (e) SMT PAPAMMA SINCE DEAD BY HER LR'S SMT.PRABHAVATHI D/O.LATE PAPAMMA AGED ABOUT 63 YEARS SMT.LEELAVATHI D/O.LATE PAPAMMA AGED ABOUT 55 YEARS SMT.RAMAVATHI D/O.LATE PAPAMMA AGED ABOUT 50 YEARS SRI.M.SATISH REDDY S/O.LATE PAPAMMA AGED ABOUT 51 YEARS SMT.AMARAVATHI D/O.LATE PAPAMMA AGED ABOUT 53 YEARS ALL ARE R/AT NO.123 BEGUR MAIN ROAD HONGASANDRA BENGALURU - 560 068 …RESPONDENTS (NOTICE TO R1 & R2 IS DISPENSED WITH V.O.D 31.08.2021; NOTICE ARE SERVED TO R5(a) to R5(e) V.O.D 19.11.2025; NOTICE SERVED TO R3 & R4 & UNRREPRESENTED) THIS MFA IS FILED U/S.43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 13.11.2018, PASSED ON IA.NO.1, IN OS.NO.998/2014, ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., ANEKAL, DISMISSING THE IA.NO.1, FILED U/O.39 RULE 1 AND 2 OF CPC. THESE APPEALS, ARE COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR CNR: KAHC010044622019 NC: 2026:KHC:42620 MFA No. 1917 of 2019 C/W MFA No. 1916 of 2019 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 08.07.2026, which is affirmed by the Hon'ble Supreme Court in SLP(c) No.025075/2026 dated 03.08.2026. 2. In view of the above, this Court deems it appropriate to transfer these matters to the concerned District Court for adjudication of the matters from the stage where they are stopped. 3. Accordingly, I pass the following: O R D E R i) The appeals stand disposed of for statistical purposes. ii) Registry is directed to transfer the entire record of the cases to the concerned Principal - 6 - HC-KAR CNR: KAHC010044622019 NC: 2026:KHC:42620 MFA No. 1917 of 2019 C/W MFA No. 1916 of 2019 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) Both the matters shall be listed before the concerned Appellate Court on 07.09.2026. v) Interim order passed by this Court shall continue till further orders to be passed by the concerned Appellate Court. vi) 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 VM List No.: 1 Sl No.: 46