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2026 DAILYLAW 35506 (KAR)

SRI N S ANAND v. SRI GOVINDAPPA SINCE DEAD BY HIS LRS

MFA/7546/2025 · 2026-08-10

Pradeep Singh Yerur

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010661592025 NC: 2026:KHC:43144 MFA No. 7545 of 2025 C/W MFA No. 7546 of 2025 MFA No. 7547 of 2025 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. 7545 OF 2025 (CPC) C/W MISCELLANEOUS FIRST APPEAL NO. 7546 OF 2025 MISCELLANEOUS FIRST APPEAL NO. 7547 OF 2025 IN MFA No. 7545/2025 BETWEEN: 1. SRI N S ANAND AGED ABOUT 58 YEARS, S/O. N.C.SUBBARAJU 2. SRI.N.S.NARENDRA AGED ABOUT 56 YEARS, S/O. N.C.SUBBARAJU BOTH ARE RESIDING AT NO.4027/144, 7TH CROSS, WEST OF KANAKAPURA ROAD, 7TH BLOCK, JAYANAGAR, BENGALURU - 560 011. APPELLANT NO.1 IS REPRESENTED BY GENERAL POWER OF ATTORNEY HOLDER APPELLANT NO. 2 …APPELLANTS (BY SRI. ABHINAV R., ADVOCATE) Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010661592025 NC: 2026:KHC:43144 MFA No. 7545 of 2025 C/W MFA No. 7546 of 2025 MFA No. 7547 of 2025 AND: 1. SRI GOVINDAPPA SINCE DEAD BY HIS LRS (DIED ON 10.09.2025) SMT. NEELAMMA, AGED ABOUT 59 YEARS, W/O. LATE GOVINDAPPA, 2. SRI. G. BABU AGED ABOUT 36 YEARS, S/O. LATE GOVINDAPPA, 3. SRI. G. NANDEESHA AGED ABOUT 34 YEARS, S/O. LATE GOVINDAPPA, ALL ARE R/AT VEERASANDRA VILLAGE, ANEKAL TALUK, BENGALURU URBAN DISTRICT - 560 100. …RESPONDENTS THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.26.06.2025 PASSED ON I.A.NO. 2 IN O.S.NO. 680/2015 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, ANEKAL, ALLOWING IA NO. II FILED U/O.39 RULE 1 AND 2 OF CPC. IN MFA NO. 7546/2025 BETWEEN: 1. SRI N S ANAND AGED ABOUT 58 YEARS, S/O. N.C. SUBBARAJU - 3 - HC-KAR CNR: KAHC010661592025 NC: 2026:KHC:43144 MFA No. 7545 of 2025 C/W MFA No. 7546 of 2025 MFA No. 7547 of 2025 2. SRI.N.S.NARENDRA AGED ABOUT 56 YEARS, S/O. N.C.SUBBARAJU BOTH RE RESIDING AT NO.4027/144, 7TH CROSS, WEST OF KANAKAPURA ROAD, 7TH BLOCK, JAYANAGAR, BENGALURU - 560 011. ...APPELLANTS (BY SRI. ABHINAV R., ADVOCATE) AND: 1. SRI GOVINDAPPA SINCE DEAD BY HIS LRS SMT. NEELAMMA, AGED ABOUT 59 YEARS, W/O. LATE GOVINDAPPA, 2. SRI. G. BABU, AGED ABOUT 36 YEARS, S/O. LATE GOVINDAPPA, 3. SRI. G. NANDEESHA, AGED ABOUT 34 YEARS, S/O. LATE GOVINDAPPA, ALL ARE R/AT VEERASANDRA VILLAGE, ANEKAL TALUK, BENGALURU URBAN DISTRICT - 560 100. ...RESPONDENTS - 4 - HC-KAR CNR: KAHC010661592025 NC: 2026:KHC:43144 MFA No. 7545 of 2025 C/W MFA No. 7546 of 2025 MFA No. 7547 of 2025 THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.26.06.2025 PASSED ON I.A.NO. 13 IN O.S.NO. 680/2015 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, ANEKAL, ALLOWING IA NO. 13 FILED U/O.39 RULE 1 AND 2 OF CPC. IN MFA NO. 7547/2025 BETWEEN: 1. SRI N S ANAND AGED ABOUT 58 YEARS, S/O. N.C.SUBBARAJU 2. SRI. N.S. NARENDRA AGED ABOUT 56 YEARS, S/O. N.C.SUBBARAJU BOTH ARE RESIDING AT NO.4027/144, 7TH CROSS, WEST OF KANAKAPURA ROAD, 7TH BLOCK, JAYANAGAR, BENGALURU-560 011. APPELLANT NO.1 IS REPRESENTED BY GENERAL POWER OF ATTORNEY HOLDER APPELLANT NO.2 ...APPELLANTS (BY SRI. ABHINAV R., ADVOCATE) AND: 1. SRI GOVINDAPPA SINCE DEAD BY HIS LRS (DIED ON 10.09.2025) SMT. NEELAMMA, AGED ABOUT 59 YEARS, W/O. LATE GOVINDAPPA, - 5 - HC-KAR CNR: KAHC010661592025 NC: 2026:KHC:43144 MFA No. 7545 of 2025 C/W MFA No. 7546 of 2025 MFA No. 7547 of 2025 2. SRI. G. BABU AGED ABOUT 36 YEARS, S/O. LATE GOVINDAPPA, 3. SRI. G. NANDEESHA AGED ABOUT 34 YEARS, S/O. LATE GOVINDAPPA, ALL ARE R/AT VEERASANDRA VILLAGE, ANEKAL TALUK, BENGALURU URBAN DISTRICT - 560 100. ...RESPONDENTS THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.26.06.2025 PASSED ON I.A.NO. 1 IN O.S.NO. 680/2015 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, ANEKAL, ALLOWING IA NO. 1 FILED U/O.39 RULE 1 AND 2 OF CPC. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT These appeals filed before this Court are 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- - 6 - HC-KAR CNR: KAHC010661592025 NC: 2026:KHC:43144 MFA No. 7545 of 2025 C/W MFA No. 7546 of 2025 MFA No. 7547 of 2025 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 these matters to the concerned District Court for adjudication of the matters from the stage where it is stopped. 3. Accordingly, I pass the following: O R D E R i) Appeals stands disposed of for statistical purposes. ii) Registry is directed to transfer the entire record of the cases, to the concerned Principal District & Sessions Judge, who may assign it to - 7 - HC-KAR CNR: KAHC010661592025 NC: 2026:KHC:43144 MFA No. 7545 of 2025 C/W MFA No. 7546 of 2025 MFA No. 7547 of 2025 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) It is made clear that this Court has not made any observation as to the merits of the cases and all rights and contentions of the parties are left open to be agitated before the concerned Appellate Court. v) In view of urgency expressed by learned counsel for the appellant, list these matters before the District Court on 02.09.2026. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 16