- 1 - HC-KAR CNR: KAHC010162012026 NC: 2026:KHC:41707 MFA No. 1726 of 2026 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. 1726 OF 2026 (CPC) BETWEEN: 1. SRI. SIKANDER PASHA S/O MOHAMED AKBAR AGED ABOUT 38 YEARS 2. MOHAMED AZEEMULLA S/O MOHAMED ABKAR AGED ABOUT 36 YEARS R/AT NO.320, OLD MASJID MOHALLA, MAGADI TOWN, PIN 562120 …APPELLANTS (BY SRI. MAHAMMED TAHIR A.,ADVOCATE) AND: 1. SRI. SHABEER PASHA S/O LATE BAKSHU, AGED ABOUT 48 YEARS, 2. SRI. AMJAD PASHA, S/O LATE BAKSHU, AGED ABOUT 50 YEARS, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010162012026 NC: 2026:KHC:41707 MFA No. 1726 of 2026 3. SRI. AKRAM PASHA, S/O LATE BAKSHU, AGED ABOUT 45 YEARS, 4. SRI. BARKATH PASHA, S/O LATE BAKSHU, AGED ABOUT 38 YEARS, 5. SRI.MOULA S/O LATE BAKSHU, AGED ABOUT 40 YEARS, 6. SRI.ADDU, S/O LATE BAKSHU, AGED ABOUT 30 YEARS, DEFENDANTS NO.1 TO 6/RESPONDENTS NO.1 TO 6 R/AT OLD MASJID MOHALLA, MAGADI TOWN. 7. SRI.M.K.JAGANNATH, S/O LATE KEMPACHANNAIAH, AGED ABOUT 66 YEARS, 8. SMT. PADMA W/O. M. K. JAGANNATH, AGED ABOUT 59 YEARS, 9. SRI. M. J. RAVIKUMAR S/O. M. K. JAGANNATH, AGED ABOUT 40 YEARS, DEFENDANTS NO.7 TO 9/RESPONDENT NO.7 TO 9 ARE R/AT OPP TO SRI KUKKALAMMA TEMPLE, DR. RAJKUMAR ROAD, KALYAGATE, - 3 - HC-KAR CNR: KAHC010162012026 NC: 2026:KHC:41707 MFA No. 1726 of 2026 MAGADI TOWN, PIN-562 120. 10. SRI. M. K. KRISHNAPPA S/O. LATE KEMPACHANNAIAH, AGED ABOUT 60 YEARS, 11. SMT. INDIRAMMA W/O. M. K. KRISHNAPPA, AGED ABOUT 55 YEARS, 12. KUM. K. SHUBHA D/O. M. K. KRISHNAPPA, AGED ABOUT 35 YEARS, 13. KUM. K. SHWETHA D/O. M. K. KRISHNAPPA, AGED ABOUT 33 YEARS, DEFENDANTS NO.10 TO 13/RESPONDENT NO.10 TO 13 ARE R/AT NO. 448, 5TH C MAIN ROAD, 3RD STAGE, 3RD BLOCK, BASAWESHWARANAGARA, BENGALURU-560 079. 14. SRI. NARASIMHAMURTHY S/O. LATE KEMPAGOOLAIAH, AGED ABOUT 64 YEARS, R/AT POOJARIPALYA VILLAGE, HAMLET OF AGALAKOTE, KASABA HOBLI, MAGADI TALUK. 15. SRI. R. SRINIVAS S/O. LATE RANGADHAMAIAH, AGED ABOUT 53 YEARS, R/AT NEXT TO BALAJI THEATRE, GUDEMARANAHALLI ROAD, - 4 - HC-KAR CNR: KAHC010162012026 NC: 2026:KHC:41707 MFA No. 1726 of 2026 MAGADI TOWN, PIN-562 120. 16. SRI. M. G. GOPAL S/O. LATE GANGANNA, AGED ABOUT 73 YEARS, R/AT DR. RAJKUMAR ROAD, NEAR KUKKALAMMA TEMPLE, MAGADI TOWN, PIN-562 120. 17. SMT. SHARADAMMA W/O. K. P. NARAYANAPPA, AGED ABOUT 84 YEARS, R/AT NO. 9, 13TH CROSS, AATHMEEYA GELAYARA BALAGA EXTENSION, HESARAGHATTA MAIN ROAD, BENGALURU-560 090. 18. SRI. RAMAIAH S/O. LATE HANUMAIAH, SINCE DEAD BY HIS LRS., KUM. BHAGYAMMA W/O. LATE RAMAIAH, AGED ABOUT 55 YEARS, 19. SRI. HEMAVATHI D/O. LATE RAMAIAH, AGED ABOUT 38 YEARS, 20. SRI. ROOPA D/O. LATE RAMAIAH, AGED ABOUT 35 YEARS, DEFENDANT NO.18 A TO 18 C/RESPONDENT NO.18 TO 20 R/AT AGALAKOTE VILLAGE, KASABA HOBLI, MAGADI TALUK, PIN-562 120. - 5 - HC-KAR CNR: KAHC010162012026 NC: 2026:KHC:41707 MFA No. 1726 of 2026 21. SMT. RANGAMMA W/O. T. PUTTARAJU, AGED ABOUT 64 YEARS, R/AT BEHIND NIRMALA TALKIES, MAGADI TOWN, PIN-562 120. 22. SRI. K. B. KRISHNA S/O. BOREGOWDA, AGED ABOUT 50 YEARS, R/AT OPP. BALAJI THEATRE, KOTAPPANAPALYA, MAGADI TOWN, PIN-562 120. 23. SMT. RAJAMMA W/O. BASAVAIAH, AGED ABOUT 53 YEARS, R/AT AGALAKOTE VILLAGE, KASABA HOBLI, MAGADI TALUK. PIN-562 120. 24. SRI. NARASIMHAMURTHY S/O. PUTTAMARAIAH, AGED ABOUT 45 YEARS, R/AT AJJANAHALLI VILLAGE, MADBAL HOBLI, MAGADI TALUK, PIN-562 120. 25. SRI. K. R. NAGARAJU S/O. RANGASWAMAIAH, AGED ABOUT 47 YEARS, R/AT KONDAHALLI VILLAGE, - 6 - HC-KAR CNR: KAHC010162012026 NC: 2026:KHC:41707 MFA No. 1726 of 2026 KASABA HOBLI, MAGADI TALUK, PIN-562 120. 26. SRI. TEJESH KUMAR S/O. LATE MAHADEVAIAH, AGED ABOUT 37 YEARS, R/AT HOMBALAMMANAPETE, MAGADI TOWN, PIN-562 120. 27. SMT. M. V. ROOPA W/O. VEDAMURTHY, AGED ABOUT 40 YEARS, R/AT NEYGE BEEDHI, KALYAGATE, MAGADI TOWN, PIN-562 120. 28. SMT. RANGAMMA W/O. LATE PUTTARAJU, AGED ABOUT 63 YEARS, 29. SRI. P. TIRUMALESH S/O. LATE PUTTARAJU, AGED ABOUT 42 YEARS, DEFENDANTS NO.28 AND 29 R/AT BEHIND MARUTHI MOHAN THEATRE, MAGADI TOWN, PIN-562 120. 30. SRI. B. C. CHANDRASHEKAR S/O. LATE H. CHANNABASAPPA, AGED ABOUT 55 YEARS, - 7 - HC-KAR CNR: KAHC010162012026 NC: 2026:KHC:41707 MFA No. 1726 of 2026 31. SMT. NAGARATHNA W/O. B. C. CHANDRASHEKAR, AGED ABOUT 55 YEARS, 32. KUM. HEMANJALI B. C. D/O. B. C. CHANDRASHEKAR, AGED ABOUT 18 YEARS, DEFENDANTS NOS.30 TO 32/RESPONDENT NOS.30 TO 32 ARE R/AT GANIGARA BEEDHI, BEHIND TALUK OFFICE, MAGADI TOWN, PIN-562 120. 33. SRI. SRIKANTH. M. R. S/O. RAMU. B. S., AGED ABOUT 36 YEARS, R/AT NEAR KALYAGATE WATER TANK, MAGADI TOWN, PIN-562 120. 34. SRI. B. V. MANJUNATHASWAMY. Y S/O. R. VIJAYKUMAR, AGED ABOUT 43 YEARS, R/AT NO. 149, 8TH CROSS, 4TH MAIN, BAPUJINAGARA, NEAR GOVT. ELECTRIC FACTORY, BENGALURU-560 025. 35. SMT. SRILAKSHMI. C. D. W/O. VENKATESH, AGED ABOUT 38 YEARS, R/AT NO. 8, VIJAYA BANK ROAD, WARD NO. 15, - 8 - HC-KAR CNR: KAHC010162012026 NC: 2026:KHC:41707 MFA No. 1726 of 2026 KALYAGATE, MAGADI TOWN, PIN-562 120. 36. SRI. NANJAPPA S/O. CHANNAMALLAIAH, AGED ABOUT 52 YEARS, 37. SMT. RADHA. G. A. W/O. P. C. NANJAPPA, AGED ABOUT 43 YEARS, 38. SRI. JEEVAN S/O. P. C. NANJAPPA, AGED ABOUT 22 YEARS, 39. KUM. LAVANYA D/O. P. C. NANJAPPA, AGED ABOUT 21 YEARS, DEFENDANTS NO.36 TO 39/ RESPONDENTS NO.36 TO 39 R/AT NO. 42, 1ST MAIN, 2ND CROSS, NEAR ANJANEYA TEMPLE, 2ND STAGE, SANJEEVININAGARA, VISHWANEEDAM POST, BENGALURU-560 091. 40. SRI. RANGANATHA. D S/O. LATE DASAPPA, AGED ABOUT 50 YEARS, R/AT KONDAHALLI VILLAGE, KASABA HOBLI, MAGADI TALUK, PIN-562 120. - 9 - HC-KAR CNR: KAHC010162012026 NC: 2026:KHC:41707 MFA No. 1726 of 2026 41. SMT. PAVITHRA. M W/O. VIJAYKUMAR. S, AGED ABOUT 38 YEARS, R/AT NO. 36, RANGAPPA STREET, CHIKKAMAVALLI, BASAVANAGUDI, BENGALURU-560 004. 42. SMT. ANUSHA. M. S. W/O. ARUNKUMAR. N, AGED ABOUT 26 YEARS, R/AT POOJARIPALYA VILLAGE, HAMLET OF AGALAKOTE, KASABA HOBLI, MAGADI TALUK, PIN-562 120. 43. SRI. SHAIRU S/O. LATE BAKSHU, AGED ABOUT 36 YEARS, R/AT OLD MASJID MOHALLA, MAGADI TOWN, PIN-562 120. 44. SRI. ABDUL JABBAR S/O. LATE ABDUL ROUF @ NANEESAB, AGED ABOUT 62 YEARS, R/AT WARD NO. 18, OLD MASJID MOHALLA, MAGADI TOWN, PIN-562 120. …RESPONDENTS - 10 - HC-KAR CNR: KAHC010162012026 NC: 2026:KHC:41707 MFA No. 1726 of 2026 THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT. 17.01.2026 PASSED ON IA NO.1 IN O.S.NO.796/2024 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC MAGADI, REJECTING THE IA.NO.1 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC, 1908. 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. - 11 - HC-KAR CNR: KAHC010162012026 NC: 2026:KHC:41707 MFA No. 1726 of 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 the learned Judge of the concerned Appellate Court, in accordance with law. - 12 - HC-KAR CNR: KAHC010162012026 NC: 2026:KHC:41707 MFA No. 1726 of 2026 iv) The appellants are permitted to carry out necessary amendment in the cause-title. v) 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 RCK, List No.: 1 Sl No.: 36