- 1 - HC-KAR CNR: KAHC010229522026 NC: 2026:KHC:41844 MFA No. 2433 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. 2433 OF 2026 (CPC) BETWEEN: 1. SRI V NARAYANAPPA S/O LATE ERAPPA@VEERAPPA AND LATE ANJINAMMA AGED ABOUT 64 YEARS R/AT KUGURU VILLAGE NEAR MILK DIARY SARJAPURA HOBLI ANEKAL TALUK BENGALURU RURAL DIST-562 125 2. SRI.V. MUNIRAJU S/O LATE ERAPPA @VEERAPPA AND LATE VENKATAMMA AGED ABOUT 60 YEARS R/A NO. 34/3, 5TH CROSS NEAR GOVT SCHOOL, SINGANAYAKANAHALLI POST NAGENAHALLI BENGALURU-560 064 3. SRI.V. KRISHNAPPA S/O LATE ERAPPA @VEERAPPA AND LATE VENKATAMMA AGED ABOUT 52 YEARS R/AT NO. 34/4, 5TH CROSS NEAR GOVT SCHOOL, NAGENAHALLI, SINGANAYAKANAHALLI POST BENGALURU-560 064 …APPELLANTS (BY SRI VIGNESHWAR S.SHASTRY., SENIOR COUNSEL FOR SRI BHASKAR GOWDA N.M., ADVOCATE) Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010229522026 NC: 2026:KHC:41844 MFA No. 2433 of 2026 AND: 1. SMT. VIJAYAKUMARI AGED ABOUT 43 YEARS, D/O LATE. CHIKKABANGARAPPA AND LATE. KARAGAMMA W/O C. KRISHNA R/AT NO. 164, MARIYAMMA TEMPLE STREET 1ST CROSS, SHANTHI LAYOUT BENGALURU-560 016 2. SMT. RATHNAMMA AGED ABOUT 41 YEARS D/O LATE. CHIKKABANGARAPPA AND LATE. KARAGAMMA W/O P. GOPALAKRISHNA R/AT NO. 116, 6TH CROSS, NEAR GANGAMMA TEMPLE GANGANAGARA BENGALURU-560 032 3. SMT. MAMATHA AGED ABOUT 40 YEARS D/O LATE. CHIKKABANGARAPPA AND LATE. KARAGAMMA W/O PRAKASH.B R/AT NO.232, AMBEDKAR STREET, NEAR VINAYAKA SCHOOL BYATRAYANAPURA BENGALURU-560 092 4. SRI. MANJUNATH.B AGED ABOUT 38 YEARS S/O LATE. CHIKKABANGARAPPA AND LATE. KARAGAMMA 5. SRI. MADHUCHANDRA AGED ABOUT 35 YEARS S/O LATE. CHIKKABANGARAPPA AND LATE. KARAGAMMA RESPONDENT NO.4 & 5 ARE - 3 - HC-KAR CNR: KAHC010229522026 NC: 2026:KHC:41844 MFA No. 2433 of 2026 R/AT NO. 34/5, DODDABALLAPURA ROAD NEAR GOVT SCHOOL NAGENAHALLI, BENGALURU-560 064 6. SMT. ANJINAMMA AGED ABOUT 54 YEARS D/O LATE. ERAPPA@VEERAPPA AND LATE. VENKATAMMA W/O MUNIRAJU R/AT JYOTHIPURA VILLAGE MANDURU POST, BIDARAHALLI HOBLI BENGALURU EAST-560 049 7. SRI. DEVARAJU AGED ABOUT 52 YEARS S/O LATE. MUNIYAPPA AND LATE. PUTTAMMA R/AT NO. 34/5, 5TH CROSS NEAR GOVT SCHOOL, NAGENAHALLI, SINGANAYAKANAHALLI POST, BENGALURU-560 064 8. SMT. MADHUMALA AGED ABOUT 45 YEARS D/O LATE. MUNIYAPPA AND LATE. PUTTAMMA W/O MANJUNATH G R/AT NAGENAHALLI YELAHANKA HOBLI AND YELAHANKA TALUK, BENGALURU-560 064 …RESPONDENTS (BY SRI.NAGESH S & SRI MURTHY B.N., ADVS FOR R1 TO R5) THIS MFA IS FILED U/S.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT. 05.01.2026 PASSED ON IA NO.1 IN O.S.NO.1682/2023 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE BENGALURU RURAL, 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: - 4 - HC-KAR CNR: KAHC010229522026 NC: 2026:KHC:41844 MFA No. 2433 of 2026 CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT Learned Senior counsel Sri Vighneshwar S.Shastri appearing on behalf of learned counsel Sri Bhaskar Gowda.N.M., for the appellants and learned counsel for the caveator/respondent Nos.1 to 5 are present. 2. 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 08.07.2026, which is affirmed by the Hon'ble Supreme Court in SLP(c) No.025075/2026 dated 03.08.2026. 3. 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. - 5 - HC-KAR CNR: KAHC010229522026 NC: 2026:KHC:41844 MFA No. 2433 of 2026 4. 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) Both the appellants and the respondents shall appear before the concerned Appellate Court on 01.09.2026 without awaiting any further notice from this Court or from the concerned Appellate Court. - 6 - HC-KAR CNR: KAHC010229522026 NC: 2026:KHC:41844 MFA No. 2433 of 2026 v) The appellants are permitted to carry out necessary amendment in the cause-title. vi) Upon appearance of the parties, the concerned Appellate Court shall make an endeavour to dispose of the application within a period of 30 days. vii) 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 VM List No.: 1 Sl No.: 38