- 1 - HC-KAR CNR: KAHC010024322021 NC: 2026:KHC:42080 MFA No. 699 of 2021 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. 699 OF 2021 (CPC) BETWEEN: 1. SMT. THARASITHARAM W/O. LATE SEETHARAM AGED ABOUT 72 YEARS. 2. SMT. KAVIHA D/O. LATE SEETHARAM AGED ABOUT 42 YEARS. BOTH RESIDING AT 1ST CROSS ARAVINDANAGARA BASAVANAHALLI - 577 101 CHIKKAMAGALURU CITY. …APPELLANTS (BY SRI PRASANNA K., ADVOCATE FOR SRI CHANDRANATH ARIGA K., ADVOCATE) AND: M. BASAVAIAH S/O. LATE MARIGUDDAIH AGED ABOUT 74 YEARS R/A. BILEKALLU JYOTHINAGARA POST - 577 102 CHIKKAMAGALURU CITY. REP. BY HIS GPA HOLDER B.B. YOGINDRA S/O. M. BASAVAIAH AGED ABOUT 42 YEARS COOLIE, R/A. BILEKALLU JYOTHINAGARA POST - 577 102. Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010024322021 NC: 2026:KHC:42080 MFA No. 699 of 2021 CHIKKAMAGALURU CITY. …RESPONDENT (BY SRI V.V. GUNJAL, ADVOCATE) THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 02.01.2021 PASSED ON IA.NO.I, IN O.S.NO.151/2020 BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, CHIKKAMAGALURU AND ETC. THIS APPEAL, COMING ON FOR ORDERS, 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 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 - 3 - HC-KAR CNR: KAHC010024322021 NC: 2026:KHC:42080 MFA No. 699 of 2021 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; 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 - 4 - HC-KAR CNR: KAHC010024322021 NC: 2026:KHC:42080 MFA No. 699 of 2021 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; vi) Interim order granted in the present appeal shall continue to remain in force until disposal of I.A.No.I by the learned District Judge. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 16