- 1 - HC-KAR CNR: KAHC010198512026 NC: 2026:KHC:43126 MFA No. 2080 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. 2080 OF 2026 (CPC) BETWEEN: 1. SRI CHETHAN N S NAIK S/O NAGA NAIK, AGED ABOUT 37 YEARS R/AT SRI SUBANGA, NO. 33 1ST FLOOR, 2ND CROSS, 10TH MAIN, OPP. TO KRISHNA TEMPLE ADARSHA LAYOUT GNANAJYOTHINAGAR, BENGALURU-560 056 2. SMT. SUJATHA BASAVARAJU W/O BASAVARAJU. R. N AGED ABOUT 54 YEARS, R/AT FLAT NO. 202, Y. J. CORAL APARTMENT, 2ND MAIN ROAD, MUNESHWARA LAYOUT VINAYAKANAGAR, VGP LAYOUT KUDLU BENGALURU- 560 068 …APPELLANTS (BY SRI. MANOJ KUMAR. J. Y.,ADVOCATE) AND: SMT. G S USHA, W/O B. H. RAVICHANDRA, AGED ABOUT 41 YEARS, R/AT F-1, KEB QUARTERS 4TH CROSS, 7TH MAIN Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010198512026 NC: 2026:KHC:43126 MFA No. 2080 of 2026 HAL 2ND STAGE, NEAR AMBEDKAR COLLEGE, INDIRANAGAR BENGALURU- 560 038 …RESPONDENT THIS MFA IS FILED U/S.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT. 17.01.2026 PASSED ON IA NO.1 IN O.S.NO. 1153/2023 ON THE FILE OF THE PRL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING THE IA NO.1 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 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. - 3 - HC-KAR CNR: KAHC010198512026 NC: 2026:KHC:43126 MFA No. 2080 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. - 4 - HC-KAR CNR: KAHC010198512026 NC: 2026:KHC:43126 MFA No. 2080 of 2026 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. Sd/- (PRADEEP SINGH YERUR) JUDGE GSS List No.: 1 Sl No.: 30