- 1 - HC-KAR CNR: KAHC010059402021 NC: 2026:KHC:43710 MFA No. 4731 of 2021 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. 4731 OF 2021 (CPC) BETWEEN: 1. CHIKKAMUNIYAPPA SINCE DEAD BY LRS NAGAMMA W/O LATE CHIKKAMUNIYAPPA SINCE DEAD (22.12.2025) APPELLANTS NO.2 TO 11 ARE THE LEGAL HEIRS OF APPELLANT NO.1 2. RAMAVATHI W/O LATE SHIVANNA AGED ABOUT 50 YEARS 3. ANUSHA W/O LATE SHIVANNA AGED ABOUT 25 YEARS 4. SRIKANTH W/O LATE SHIVANNA AGED ABOUT 22 YEARS 5. NARAYANSWAMY S/O LATE CHIKKAMUNIYAPPA AGED ABOUT 56 YEARS 6. UDHAY KUMAR S/O LATE CHIKKAMUNIYAPPA AGED ABOUT 48 YEARS Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010059402021 NC: 2026:KHC:43710 MFA No. 4731 of 2021 7. SATISH S/O LATE CHIKKAMUNIYAPPA AGED ABOUT 40 YEARS APPELLANTS NO.1 TO 7 ARE R/AT DODDAHULLURAPPA BADAVANE IST CROSS, VISHWANATHA NAGENAHALLI R T NAGAR POST BENGALURU -560 032 8. SMT MEENAKSHAMMA D/O LATE CHIKKAMUNIYAPPA AGED ABOUT 54 YEARS R/AT NEAR MASJID KOWDENAHALLI RAMA MURTHY NAGAR BENGALURU -560 016 9. SMT INDRAMMA D/O LATE CHIKKAMUNIYAPPA AGED ABOUT 51 YEARS R/AT KURUBARAHALLI HOSAKOTE BENGALURU RURAL DISTRICT 10. SMT JAGADAMBA D/O LATE CHIKKAMUNIYAPPA AGED ABOUT 45 YEARS R/A CHOKKAHALLI HOSAKOTE BENGALURU RURAL DISTRICT 11. SMT. NETRAVATHI D/O LATE CHIKKAMUNIYAPPA AGED ABOUT 37 YEARS R/AT 1ST MAIN ROAD 5TH CROSS MEDAHALLI VIRGO NAGAR POST BENGALURU -560 049 …APPELLANTS (BY SRI. THIMMAIAH K H.,ADVOCATE) - 3 - HC-KAR CNR: KAHC010059402021 NC: 2026:KHC:43710 MFA No. 4731 of 2021 AND: ANANTHARAMAIAH S/O LATE MUNIVEERAPA AGED ABOUT 62 YEARS R/AT NO.369, GARUDACHARPALYA WHITEFIELD ROAD MAHADEVAPURA POST BENGALURU -560 048 …RESPONDENT (BY SMT.M.V.THANUJA., ADVOCATE) THIS MFA IS FILED UNDER ORDER 43 RULE 1(d) OF CPC,1908 PRAYING TO SET ASIDE THE ORDER PASSED BY THE 1ST ADDL. SENIOR CIIVL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, DISMISSING THE PETITION FILED UNDER ORDER 9 RULE 13 OF CPC AND CONSEQUENTLY SET ASIDE THE EXPARTE JUDGMENT AND DECREE DATED 22.2.2011 IN O.S. NO.2261/2007. 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 Karnataka in Writ Petition No.17588 of 2024 (GM-RES) c/w Writ Appeal No.200260 of 2025 (GM-RES) dated 8th - 4 - HC-KAR CNR: KAHC010059402021 NC: 2026:KHC:43710 MFA No. 4731 of 2021 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. iii) In case there are pending applications, the same also be transferred to be considered by - 5 - HC-KAR CNR: KAHC010059402021 NC: 2026:KHC:43710 MFA No. 4731 of 2021 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) Since parties are represented before this Court, they shall appear before the learned District Judge on 7th September 2026 without awaiting any further notice. vi) Interim order granted shall continue till further orders are passed by the District Court. Sd/- (PRADEEP SINGH YERUR) JUDGE GSS List No.: 1 Sl No.: 20