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2026 DAILYLAW 35065 (KAR)

M/S SPACE EMPLOYEES' CO OPERATIVE HOUSING SOCIETY LTD v. SMT RAMAKKA

MFA/3019/2026 · 2026-08-12

Pradeep Singh Yerur

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010277032026 NC: 2026:KHC:43010 MFA No. 3019 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 3019 OF 2026 (CPC) BETWEEN: 1. M/S SPACE EMPLOYEES' CO OPERATIVE HOUSING SOCIETY LTD A SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 HAVING ITS REGISTERED OFFICE AT NO. 1-7, 2ND FLOOR, LIC COLONY, OPP. WATER TANK, 10TH MAIN, JEEVAN BHIMA NAGAR, BANGALORE - 560 075 REPRESENTED BY ITS VICE-PRESIDENT SRI. N. SADANANDA, AGED ABOUT 61 YEARS, S/O. SRI. JARAPPA N, …APPELLANT (BY SRI. A. ABHINAV RAMANAND.,ADVOCATE) AND: SMT RAMAKKA SINCE DEAD REPRESENTED BY R1 TO R 15 SRI NARAYANSASWAMY SINCE DEAD REPRESENTED BY R1 TO R 15 Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010277032026 NC: 2026:KHC:43010 MFA No. 3019 of 2026 1. SRI MUNIKRISHNA AGED ABOUT 38 YEARS S/O NARAYANASWAMY 2. SMT VARALAKSHMI AGE ABOUT 36 YEARS D/O NARAYANASWAMY 3. SMT NATGARATHNA AGE ABOUT 34 YEARS D/O NARAYANASWAMY 4. SMT PRAMILA AGE ABOUT 32 YEARS D/O NARAYANASWAMY 5. SRI MUNIYAPPA AGE ABOUT 54 YEARS S/O LATE MADDURAPPA 6. SMT MUNIRATNA AGE ABOUT 34 YEARS D/O MUNIYAPPA 7. SRI NARASIMHA AGE ABOUT 43 YEARS D/O LATE MADDURAPPA 8. SMT RATHNAMMA AGE ABOUT 43 YEARS D/O LATE MADDURAPPA 9. SRI RAVIKKUMAR P M AGE ABOUT 38 YEARS S/O MUNIYAPPA - 3 - HC-KAR CNR: KAHC010277032026 NC: 2026:KHC:43010 MFA No. 3019 of 2026 10. SMT JYOTHAMMA AGE ABOUT 45 YEARS W/O LATE RAMADAS 11. SRI P R GANESH AGE ABOUT 28 YEARS S/O LATE RAMADAS 12. SMT ANUSHREE AGE MAJOR D/O LATE RAMADAS 13. KUM SHRAVANI AGE ABOUT 22 DYEARS D/O NARASIMHA 14. KUM SHARANYA AGE ABOUT 21 YEARS D/O NARASIMHA 15. KUM SHALINI AGE ABOUT 19 YEARS D/O NARASIMHA RESPONDENTS NOS.1 TO 15 ALL ARE R/A POOJENA AGRAHARA VILLAGE KASABA HOBLI, HOSKOTE TALUK BENGALURU RURAL DISTRILCT 562114 16. SRI P ANAND REDDY AGE ABOUT 50 YEARS S/O LATE KRISHNA REDDY R/AT NO 6 SOMESHWARA NILAYLA - 4 - HC-KAR CNR: KAHC010277032026 NC: 2026:KHC:43010 MFA No. 3019 of 2026 31ST MAIN 2ND STAGE BTM LAYOUT BENGALURU 560076 17. SRI. K. S. MANJUNATHA GOWDA AGED ABOUT 47 YEARS, S/O. T.SONNAPPA R/AT KODIHALLI VILLAGE, NADAVATHI POST, JADIGENAHALLI HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT - 560067 …RESPONDENTS (BY SRI. RAJAGOPALA NAIDU.,ADVOCATE FOR R1 TO R15) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.20.02.2026 PASSED ON IA NO.2 IN O.S.NO. 1587/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HOSAKOTE, REJECTING THE IA.NO.2 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC, 1908. THIS APPEAL, COMING ON FOR ADMISSION, 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 - 5 - HC-KAR CNR: KAHC010277032026 NC: 2026:KHC:43010 MFA No. 3019 of 2026 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. 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. - 6 - HC-KAR CNR: KAHC010277032026 NC: 2026:KHC:43010 MFA No. 3019 of 2026 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. v) Learned counsel for appellant and learned counsel for the respondents are present. Hence, the parties shall appear before the learned District Judge on 07.09.2026 without awaiting further notice. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK, List No.: 1 Sl No.: 37