- 1 - HC-KAR CNR: KAHC010039752026 NC: 2026:KHC:43147 MFA No. 401 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 401 OF 2026 (CPC) BETWEEN: 1. SMT. AJJIKUTTIRA RATHI SOMAIAH W/O LAET A C SOMAIAH AGED ABOUT 65 YEARS, 2. SMT. K DEEPTHI APPAIAH W/O KOKKALERA B APPAIAH AGED ABOUT 42 YEARS OPPS MANS COMPOUND MADIKERI TOWN, KODAGU DISTRICT 3. SRI AJJIKUTTIRA ASHOK SOMAIAH S/O LATE A C SOMAIAH AGED ABOUT 36 YEARS APPELLANTS NO.1 AND 3 ARE RESIDING AT KUTTANDI VILLAGE, VIRAJPET TALUK KODAGU DISTRICT PRESENTLY RESIDING AT NO.72, 2ND CROSS, HEBBAL, KEMPAPURA BENGALURU - 560 024 …APPELLANTS (BY SRI. SACHIN B.S., ADVOCATE) Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010039752026 NC: 2026:KHC:43147 MFA No. 401 of 2026 AND: 1. SMT.SHIVAGAMI S W/O SANJAY HAZARIKA AGED ABOUT 65 YEARS, NO.42, SRIHARI ADJ 12A CROSS, HEBBAL, KEMPAPURA BENGALURU - 560 024. 2. SRI A M LOHITH AGED ABOUT 36 YEARS, MANJUSHREE ESTATE, AMBATTI VILLAGE, BITTANGALA POST, VIRAJPET, KODAGU DISTRICT - 571 218 …RESPONDENTS (BY SRI. P.N. MANMOHAN, ADVOCATE FOR R2 R1 SERVED - UNREPRESENTED) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 24.10.2025 PASSED ON I.A.NO.2 IN O.S.NO. 100/2024 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, VIRAJ PET, DISPOSING OF I.A.NO.2 FILED UNDER ORDER XXXIX RULE 1 AND 2 OF CPC. 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 - 3 - HC-KAR CNR: KAHC010039752026 NC: 2026:KHC:43147 MFA No. 401 of 2026 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. 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. - 4 - HC-KAR CNR: KAHC010039752026 NC: 2026:KHC:43147 MFA No. 401 of 2026 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) 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) Parties shall appear before the District Court on 07.09.2026 without awaiting any further notice. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK, List No.: 1 Sl No.: 31