- 1 - HC-KAR CNR: KAHC010499082022 NC: 2026:KHC:41484 MFA No. 7430 of 2022 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. 7430 OF 2022 (CPC) BETWEEN: 1. H L PAVITHRA AGED ABOUT 41 YEARS W/O LATE SURESH JATHAN 2. SAMARTH JATHAN AGED ABOUT 13 YEARS S/O LATE SURESH JATHAN 3. SINCHANA S JATHAN AGED ABOUT 13 YEARS S/O LATE SURESH JATHAN RESPONDENT NOS.2 AND 3 ARE MINORS REPRESENTED HEREIN BY THEIR NATURAL MOTHER/GUARDIAN ALL ARE R/AT "RAVI KIRAN" OPPOSITE TO INDIRA SERVICE STATION, NH 66, PUTTUR VILLAGE, PO SANTHEKATTE, UDUPI TALUK 560102 …APPELLANTS (BY SRI. KESHAVA BHAT A.,ADVOCATE) Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010499082022 NC: 2026:KHC:41484 MFA No. 7430 of 2022 AND: 1. SHAILAJA AGED ABOUT 57 YEARS, D/O HARISHCHANDRA R/AT HARISH COTTAGE, BIKARANAKATTA, MANGALORE 2. SOURABH S JATHAN AGED BOUT 28 YEARS, S/O SHILAJA R/AT HARISH COTTAGE, BIKARNAKATTA, MANGALORE 3. THE STATE BANK OF INDIA SANTHE KATTE , PUTTUR, UDUPI TALUK REP BY ITS BRANCH MANAGER, 4. THE KARANTAKA BANK LTD KADIYALI BRANCH, PO KUNJIBETTU 576 102 UDUPI TALUK REP BY ITS BRANCH MANAGER 5. GANAPATHI SEVA SAHAKARI SANGHA LTD KEMMANNU, PADUTHONSE VILLAGE, UDUPI TALUK REP BY ITS a) CHIEF EXECUTIVE OFFICER AND b) KEMMANNU BRANCH MANAGER 6. THE HDGC BANK LTD COURT ROAD BRANCH UDUPI 576 101 REP BY ITS BRANCH MANAGER - 3 - HC-KAR CNR: KAHC010499082022 NC: 2026:KHC:41484 MFA No. 7430 of 2022 7. THE LIFE INSURANCE CORPORATION OF INDIA UDUPI BRANCH, COURT BACK ROAD, UDUPI, REP BY ITS BRANCH MANAGER 8. INDIAN OIL CORPORATION LTD REP BY DIVISIONAL MANAGER, INDIAN OIL BHAVAN, ABBAKKA NAGARA, KULUR FERRY ROAD, KOTTARA, MANGALORE 575 006 9. THE SOUTH CANARA DISTRICT CENTRAL CO. OPP BANK LTD., B.C. ROAD BRANCH BANTWAL MUDA VILLAGE, PO JODUMARGA, BANTWAL TALUK REP BY ITS BRANCH MANAGER 10. SHRAVYA AGED ABOUT 22 YEARS D/O SARITHA APARTMENT NO. B-3/34/1:4, 1st FLOOR, BUILDING NO. B-3/34 PLOT NO. 7 SECTOR NO. 15, VASHI, NAVI MUMBAI, JUHU TEHSIL, THANE, MAHARASHTRA …RESPONDENTS (BY SRI.A.B.DIVYATHEJ AND SMT.IRFANA NAZEER, ADVOCATE FOR R1 AND R2) (SRI.SARAVANA.P., ADVOCATE FOR R7) (SRI.UDAYA PRAKASH MULIYA, ADVOCATE FOR R8) - 4 - HC-KAR CNR: KAHC010499082022 NC: 2026:KHC:41484 MFA No. 7430 of 2022 (R3 TO R5, R9 AND R10 SERVED - UNREPRESENTED) (V/O/D. 25.07.2023, SERVICE OF NOTICE TO R6 IS H/S) THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 28.09.2022 PASSED ON I.A.NO.2 IN OS.NO.13/2021 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, UDUPI, DISMISSING THE I.A.NO.II FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 94(c) AND 151 OF CPC. 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. - 5 - HC-KAR CNR: KAHC010499082022 NC: 2026:KHC:41484 MFA No. 7430 of 2022 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. - 6 - HC-KAR CNR: KAHC010499082022 NC: 2026:KHC:41484 MFA No. 7430 of 2022 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. vi) Learned counsel for appellants and learned counsel for the respondents are present. Hence, the parties shall appear before the learned District Judge on 01.09.2026 without awaiting further notice. vii) The order of the status quo shall stand continued till disposal of the application before the learned District Judge. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK, List No.: 1 Sl No.: 18