- 1 - HC-KAR CNR: KAHC010407972026 NC: 2026:KHC:42488 MFA No. 4446 of 2026 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. 4446 OF 2026 (CPC) BETWEEN: SRI. N. THYAGARAJU S/O LATE RAMACHETTI AGED ABOUT 59 YEARS R/AT- NO. 293, 10TH MAIN ROAD, 3RD BLOCK, JAYANAGAR, BENGALURU-560 011. ALSO, AT NO. 43, 11TH MAIN, 27TH CROSS, BSK 2ND STAGE, BENGALURU-560 070. APPELLANT (BY SRI. VIVEK SUBBA REDDY, SENIOR COUNSEL FOR SRI. SHIVARAMU.,ADVOCATE) AND: 1. SMT. SUGUNA D/O RAMACHANDRA RAO W/O JAYARAM KRISHNAMURTHY AGED ABOUT 52 YEARS 2. SRI. PADMANABHA RAO S/O LATE HANUMANTHA RAO AGED ABOUT 71 YEARS 3. SRI. JAYARAM KRISHNAMURTHY S/O LATE V.S. SUBBA RAO AGED ABOUT 58 YEARS 4. SRI. RAMPRASAD.P Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010407972026 NC: 2026:KHC:42488 MFA No. 4446 of 2026 S/O PADMANABHA RAO AGED ABOUT 36 YEARS 5. KUM. R. BHAVINYA D/O RAMPRASAD.P AGED ABOUT 3 YEARS SINCE MINOR REP. BY HER FATHER AND GUARDIAN- DEF.NO4 6. SMT. SUMA.P D/O PADMANABHA RAO AGED ABOUT 41 YEARS 7. SMT. LATHA.P D/O PADMANBHA RAO AGED ABOUT 39 YEARS 8. SRI. S. RAMANNA S/O LATE V.S. SUBBA RAO AGED ABOUT 69 YEARS 9. SMT. SHARADAMMA W/O S. RAMANNA AGED ABOUT 55 YEARS 10. SMT. V.R. HARSHITHA D/O S. RAMANNA AGED ABOUT 30 YEARS 11. SRI. SRINIDHI.V.R. S/O S. RAMANNA AGED ABOUT 29 YEARS 12. SMT. V.R. MADURYA D/O S. RAMANNA AGED ABOUT 27 YEARS 13. SRI. MANJUNATH.V.S S/O LATE SHAMANNA AGED ABOUT 35 YEARS 14. SRI. RAGHAVENDRA V.S. S/O LATE SHAMANNA - 3 - HC-KAR CNR: KAHC010407972026 NC: 2026:KHC:42488 MFA No. 4446 of 2026 AGED ABOUT 31 YEARS RESPONDENT NOS.1 TO 14 ARE R/AT-VABASANDRA VILLAGE, HULIMANGALA POST, JIGANI HOBLI, ANEKAL TALUK, BENGALURU DISTRICT-562106. 15. M/S URBANIZE DEVELOPERS (INDIA) PRIVATE LIMITED A COMPANY INCORPORATED UNDER COMPANIES ACT, HAVING REGISTERED OFFICE AT NO. 9/2-2, PURUSHOTHAM LAYOUT, OFF SBI ROAD, ST. MARKS ROAD, BENGALURU-560 001. REP. BY ITS MANAGING DIRECTORS-MR. H.R. RAVICHANDRA AND MR. ANIL K HIRANI. 16. M/S URBANIZE LAND HOLDING PRIVATE LIMITED A COMPANY INCORPORATED UNDER COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT NO. 9/2- 2, PURUSHOTHAM LAYOUT, OFF SBI ROAD, ST. MARKS ROAD, BENGALURU-560 001. REP. BY ITS MANAGING DIRECTOR-MR. H.R. RAVICHANDRA. RESPONDENTS (BY SRI. UDAYA HOLLA, SENIOR COUNSEL FOR SRI. VIVEK HOLLA.,ADVOCATE FOR R15 AND R16; V/O DTD 24.07.2026 NOTICE TO OTHER RESPONDENTS IS D/W.) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.10.04.2026 PASSED ON IA NO.II IN O.S.NO.1356/2025 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, ANEKAL, DISMISSING THE IA.NO.II FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC AND ETC,. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR CNR: KAHC010407972026 NC: 2026:KHC:42488 MFA No. 4446 of 2026 CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT Learned Senior counsel Sri. Vivek Subba Reddy, appears on behalf of learned counsel Sri. Shivaramu, for the appellant and learned Senior counsel Sri. Udaya Holla, appears on behalf of learned counsel Sri. Vivek Holla, for caveator/respondent Nos.15 and 16. 2. 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. 3. In view of the above, this Court deems it appropriate to transfer this matter to the concerned - 5 - HC-KAR CNR: KAHC010407972026 NC: 2026:KHC:42488 MFA No. 4446 of 2026 District Court for adjudication of the matter from the stage where it is stopped. 4. 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; 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 - 6 - HC-KAR CNR: KAHC010407972026 NC: 2026:KHC:42488 MFA No. 4446 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 07.09.2026 without awaiting any further notice either from this Court or from the jurisdictional District Court. Sd/- (PRADEEP SINGH YERUR) JUDGE PNV List No.: 1 Sl No.: 10