Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 35452 (KAR)

MRS. RATHI v. SRI CHINNAIAH

MFA/1153/2026 · 2026-08-10

Pradeep Singh Yerur

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010103262026 NC: 2026:KHC:42568 MFA No. 1153 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. 1153 OF 2026 (CPC) BETWEEN: 1. MRS. RATHI W/O. MANJUNATH AGED ABOUT 35 YEARS R/A; NO.40, VMR LAYOUT NEAR VIDYAMANDIRA SCHOOL KACHAMARANAHALLI VILLAGE GUNJUR POST, BENGALURU - 560 087. 2. RAMAMOORTHY PANDIYAPPA S/O. PARVATHI @ PARVATHAMMA AGED ABOUT 40 YEARS R/A: NO.2/319, MEL SOODAPURAM BELTHUR POST, HOSUR TALUK KRISHNAGIRI - 635 001. …APPELLANTS (BY SMT. SIRI RAJASHEKAR, ADVOCATE) AND: 1. SRI CHINNAIAH S/O. LATE PERUMAIAH AGED ABOUT 59 YEARS. 2. SRI SRINIVAS S/O. LATE PERUMAIAH AGED ABOUT 55 YEARS. 3. SRI C.M. SUBRAMANI S/O LATE C.G.MUNISWAMY AGED ABOUT 53 YEARS. Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010103262026 NC: 2026:KHC:42568 MFA No. 1153 of 2026 4. SRI C.M. MANJUNATH S/O. LATE C.G. MUNISWAMY AGED ABOUT 49 YEARS. ALL ARE R/A: CHAMBENAHALLI VILLAGE SARJAPURA HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT BENGALURU - 562 125. 5. SMT. SAVITHRAMMA 1ST W/O. LATE VENKATESH AGED ABOUT 60 YEARS. 6. SRI NAVEEN S/O. LATE VENKATESH AGED ABOUT 35 YEARS. RESPONDENT NOS.5 AND 6 ARE R/A: CHAMBENAHALLI VILLAGE SARJAPURA HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT BENGALURU - 562 125. 7. VIDYA D/O. LATE VENKATESH AND RUKKAMMA AGED ABOUT 41 YEARS R/A: MANGALAM ROAD KARVAMPALYAM, TIRPUR. NOW R/A: DOMMASANDRA VILLAGE SARJAPURA HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT, BENGALURU - 562 125. 8. SUMAN V. S/O. LATE VENKATESH @ RUKKAMMA AGED ABOUT 38 YEARS R/A: DOMMASANDRA VILLAGE SARJAPURA HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT - 3 - HC-KAR CNR: KAHC010103262026 NC: 2026:KHC:42568 MFA No. 1153 of 2026 BENGALURU - 562 125. 9. AMARAVATHAMMA W/O. LATE NAGARAJ AGE ABOUT 56 YEARS. 10. SRI SRINATH S/O. LATE LNAGARAJ AGE ABOUT 40 YEARS. 11. SRI SURESH BABU S/O. LATE NAGARAJ AGE ABOUT 38 YEARS. RESPONDENY NOS. 9 TO 11 ARE R/A: CHAMMBENAHALLI VILLAGE SARJAPURA HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT BENGALURU - 562 125. 12. CHANDRAKALA S. D/O. LATE SAVITHRAMMA AGED ABOUT 39 YEARS R/A: BANDLA STREET PALAMANERU CHITTOR ANDHRA PRADESH - 517 425. NOW R/A: DOMMASANDRA VILLAGE SARJAPURA HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT BENGALURU - 562 125. 13. BHOOMIKA @ BHAGYA S/O. LATE SAVITHRAMMA AGED ABOUT 35 YEARS. 14. SHAILA D/O. LATE SAVITHRAMMA AGED ABOUT 33 YEARS. - 4 - HC-KAR CNR: KAHC010103262026 NC: 2026:KHC:42568 MFA No. 1153 of 2026 RESPONDENT NOS.13 AND 14 ARE R/A: NEAR BABU TALKIES DOMMASANDRA VILLAGE SARJAPURA HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT BENGALURU - 562 125. 15. SATHEESH PANDIYAPPA S/O. PARVATHI @ PARAVATHAMMA AGED ABOUT 62 YEARS. 16. PARVATHI @ PARVATHAMMA D/O. MUNIYAMMA AND SEETHAPPA AGED ABOUT 43 YEARS. RESPONDENT NOS.15 AND 16 ARE R/A: NO.2/319, MEL SOODAPURAM BELTHUR POST, HOSUR TALUK KRISHNAGIRI - 635 001. …RESPONDENTS (BY SRI SHANKAREGOWDA V.N., ADVOCATE FOR R1 TO R4) THIS MFA FILED UNDER ORDER XLIII RULE 1(R) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 02.12.2025 PASSED ON IA.NOS.1 TO 3 IN O.S.NO.693/2024 BY THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, ANEKAL. 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 - 5 - HC-KAR CNR: KAHC010103262026 NC: 2026:KHC:42568 MFA No. 1153 of 2026 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; - 6 - HC-KAR CNR: KAHC010103262026 NC: 2026:KHC:42568 MFA No. 1153 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) Since the parties are represented before this Court, they shall appear before the learned District Judge on 02.09.2026 without awaiting any further notice. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 7