- 1 - HC-KAR CNR: KAHC010284442026 NC: 2026:KHC:43116 MFA No. 2922 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. 2922 OF 2026 (CPC) BETWEEN: 1. M/S. CAPTELA VENTURES PVT. LTD. REGISTERED OFFICE AT NO.6/1, 4TH A CROSS KATHRIGUPPE MAIN ROAD VIVEKANANDANAGAR BSK 3RD STAGE BENGALURU - 560 085. REPRESENTED BY ITS DIRECTORS SMT. S.PRABHAVATHI AND SRI PRASHANTH G.V. 2. SMT. PRABHAVATHI S. W/O. VENKATAPPA AGED ABOUT 74 YEARS NO.6/1, 4TH A CROSS KATHRIGUAPPE MAIN ROAD VIVEKANANDANGAR BANASHANKARI 3RD STAGE BENGALURU - 560 085. 3. SRI PRASHANTH G.V. S/O. VENKATAPPA AGED ABOUT 46 YEARS KATHRIGUPPE MAIN ROAD VIVEKANANDANAGAR BANASHANKARI 3RD STAGE BENGALURU - 560 085. …APPELLANTS (BY SRI V. ANAND, ADVOCATE) Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010284442026 NC: 2026:KHC:43116 MFA No. 2922 of 2026 AND: 1. G. ESHWAR RAO MAHADIC S/O. LATE D. GOVINDA RAO MAHADIC AGED ABOUT 93 YEARS R/AT I, ASHWATHNAGAR R.M.V.2ND STAGE BENGALURU - 560 094. REPRESENTED BY HIS GPA HOLDER SRI JEEVAN MAHADIC S/O. SRI G.ESHWAR RAO MAHADIC AGED ABOUT 56 YEARS. 2. SRI B.K. MANJUNATH S/O. B.V. KRISHNAMURTHY AGED ABOUT 55 YEARS B.K.HALLI POST, BEGURU VILLAGE JALA HOBLI, BENGALURU - 562 149. 3. SHRI RAJEEV N.G. AGE MAJOR NO.81, 1ST CROSS, 2ND MAIN BASAVESHWARANAGAR BENGALURU - 560 079. 4. SRI AMARNATHA REDDY J. S/O. SRI JAYARAMAREDDY V. AGED ABOUT 46 YEARS NAGIRREDDYGARIPALLI BYRAGANGAPALLI KOLAR - 563 161. ALSO AT NO.2159, D BLOCK SAKARANAGAR BANGALORE - 560 092. 5. SRI ANAND K.R. S/O. SRI RUDRAPPA, MAJOR, NO.9, GROUND FLOOR ROSE BAY LAYOUT - 3 - HC-KAR CNR: KAHC010284442026 NC: 2026:KHC:43116 MFA No. 2922 of 2026 SRINIVASAPURA BAGALUR MAIN ROAD NEAR COUNTRY CLUB BAGALUR, BENGALURU - 562 149. 6. M/S. SRI VARI BUILDERS AND DEVELOPERS 16, SRI SAI NILAYA BSF STS ROAD BAGALUR MAIN ROAD NIRANTHARA LAYOUT BENGALURU - 560 064. REPRESENTED BY A) SRI VENKATESH CHAGALATTI B) SRI NAVEEN M. C) SRI CHIRU. 7. SRI VENKATESH CHAGALATTI AGE MAJOR. 8. SRI NAVEEN M. AGE MAJOR. 9. SRI CHIRU AGE MAJOR. (7 TO 9 ARE CONNECTED TO M/S SRI VARI BUILDERS AND DEVELOPERS) ADDRESS: C/O. M/S. SRI VARI BUILDERS AND DEVELOPERS 16, SRI SAI NILAYA BSF STS ROAD, BAGALUR MAIN ROAD NIRANTHARA LAYOUT BENGALURU - 560 064. 10. SRI SOMASHEKAR B.K. S/O. LATE B.V.KRISHNAMURTHY AGED ABOUT 53 YEARS - 4 - HC-KAR CNR: KAHC010284442026 NC: 2026:KHC:43116 MFA No. 2922 of 2026 B.K.HALLI POST BEGURU VILLAGE JALA HOBLI BENGALURU - 562 149. 11. SRI AVINASH R. S/O. SRI RAJANNA AGE MAJOR MEESIGANAHALLI B.K.HALLI, JALA HOBLI BENGALURU - 562 149. …RESPONDENTS (BY SRI S. THEJESHWAR, ADVOCATE FOR C/R1) THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 01.04.2026 PASSED ON I.A.NO.VIII IN OS.NO.475/2023 BY THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI. 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 - 5 - HC-KAR CNR: KAHC010284442026 NC: 2026:KHC:43116 MFA No. 2922 of 2026 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 - 6 - HC-KAR CNR: KAHC010284442026 NC: 2026:KHC:43116 MFA No. 2922 of 2026 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 the parties are represented before this Court, they shall appear before the learned District Judge on 07.09.2026 without awaiting any further notice. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 17