- 1 - HC-KAR CNR: KAHC010692442025 NC: 2026:KHC:41500 MFA No. 7947 of 2025 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. 7947 OF 2025 (CPC) BETWEEN: SRI H. NAGARAJAPPA S/O. LATE HUCHAPPA AGED ABOUT 65 YEARS AGRICULTURIST RESIDING AT DODDAMAGADI VILLAGE, MAYAKONDA DAVANAGERE TALUK - 577 534. …APPELLANT (BY SRI N. SHANKARANARAYANA BHAT, ADVOCATE) AND: 1. N. BASAVARAJA S/O. H. NAGARAJAPPA AGED ABOUT 42 YEARS AGRICULTURIST RESIDING AT DODDAMAGADI VILLAGE, DAVANAGERE TALUK - 577 534. 2. SMT. KAVITHA.T. W/O. S. THIPPESWAMY AGED ABOUT 40 YEARS HOUSE WIFE RESIDING AT IGOORU VILLAGE DAVANAGERE TALUK - 577 512. 3. SMT. MANJULA N. W/O. JAIKUMAR AGED ABOUT 38 YEARS HOUSE WIFE RESIDING AT HONNURUGOLLA- Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010692442025 NC: 2026:KHC:41500 MFA No. 7947 of 2025 RAHATTI VILLAGE, HONNUR POST DAVANAGERE TALUK - 577 556. 4. SMT. ANITHA W/O. NIRANJAN AGED ABOUT 35 YEARS AGRICULTURIST RESIDING AT DODDAMAGADI VILLAGE, DAVANAGERE TALUK - 577 534. 5. SRI KARIYAPPA S/O. H. NAGARAJAPPA AGED ABOUT 28 YEARS AGRICULTURIST RESIDING AT DODDAMAGADI VILLAGE, DAVANAGERE TALUK - 577 534. 6. SMT. MUDDAMMA W/O. LATE HUCHAPPA AGED ABOUT 80 YEARS RESIDING AT DODDAMAGADI VILLAGE DAVANAGERE TALUK - 577 534. 7. SMT. GANGAMMA W/O. KASIYAPPA AGED ABOUT 63 YEARS HOUSE WIFE RESIDING AT RUDRENAKATTE TURUBIGERE DAVANAGERE TALUK - 577 512. 8. SMT. GOWRAMMA W/O. RAMASWAMY AGED ABOUT 61 YEARS HOUSE WIFE RESIDING AT NAGARAKATTE (GOLLARAHATTI) KADAJJI POST DAVANAGERE TALUK. 9. SMT. JAYAMMA - 3 - HC-KAR CNR: KAHC010692442025 NC: 2026:KHC:41500 MFA No. 7947 of 2025 W/O. DASAPPA AGED ABOUT 59 YEARS HOUSE WIFE RESIDING AT NAGARAKATTE (GOLLARAHATTI) DAVANAGERE TALUK - 577 002. 10. SRI KARIYAPPA S/O. LATE NAGAPPA AGED ABOUT 70 YEARS AGRICULTURIST RESIDING AT DODDAMAGADI VILLAGE DAVANAGERE TALUK - 577 534. 11. SMT. KALI BAI W/O. LATE M.R.MUNISWAMY AGED ABOUT 65 YEARS, HOUSE WIFE RESIDING AT DODDAMAGADI VILLAGE MAYAKONDA HOBLI DAVANAGERE TALUK - 577 534. 12. SRI D.M. CHETANKUMAR S/O. LATE M.R. MUNISWAMY AGED ABOUT 40 YEARS PRIVATE COMPANY EMPLOYEE RESIDING AT DODDAMAGADI VILLAGE MAYAKONDA HOBLI DAVANAGERE TALUK - 577 534. 13. SRI D.M. PRADEEPKUMAR S/O. LATE M.R.MUNISWAMY AGED ABOUT 38 YEARS PRIVATE COMPANY EMPLOYEE RESIDING AT DODDAMAGADI VILLAGE MAYAKONDA HOBLI DAVANAGERE TALUK - 577 534. 14. SMT. SWETHA D/O. LATE M.R. MUNISWAMY AGED ABOUT 36 YEARS, DOCTOR - 4 - HC-KAR CNR: KAHC010692442025 NC: 2026:KHC:41500 MFA No. 7947 of 2025 RESIDING AT DODDAMAGADI VILLAGE MAYAKONDA HOBLI DAVANAGERE TALUK - 577 534. 15. SRI MANJANAIKA S/O. RAMANAIKA AGED ABOUT 50 YEARS AGRICULTURIST RESIDING AT DODDAMAGADI VILLAGE, MAYAKONDA HOBLI DAVANAGERE TALUK - 577 534. 16. THE ASSISTANT DIRECTOR OF LAND RECORDS, 'B' BLOCK OFFICE OF THE ASSISTANT DIRECTOR OF LAND RECORDS DEVARAJ URS EXTENSION DAVANAGERE TALUK, DAVANAGERE. 17. THE DEPUTY DIRECTOR OF LAND RECORDS OFFICE OF THE DEPUTY DIRECTOR OF LAND RECORDS AND OFFICE OF THE DEPUTY COMMISSIONER DAVANAGERE. 18. THE TAHASILDAR DAVANAGERE TALUK OFFICE DAVANAGERE TALUK DAVANAGERE. 19. THE DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT DAVANAGERE. 20. THE PRINCIPAL SECRETARY TO GOVERNMENT THE STATE OF KARNATAKA VIDHANA SOUDHA - 5 - HC-KAR CNR: KAHC010692442025 NC: 2026:KHC:41500 MFA No. 7947 of 2025 BENGALURU - 560 001. …RESPONDENTS (BY SRI T.A. KARUMBAIAH, ADVOCATE FOR R11 TO R13 AND R15; SRI PRAKASH M. GANIGER, HCGP FOR R16 TO R19; R1, R3, R4, R6 TO R10 SERVED - UNREPRESENTED) THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 25.09.2025 PASSED ON IA.NO.6 IN OS.NO.211/2025 BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, DAVANAGERE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT Learned counsel for appellant is present. 2. Sri T.A.Karumbaiah, learned counsel for respondent Nos.11 to 13 and 15 is absent. 3. 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 - 6 - HC-KAR CNR: KAHC010692442025 NC: 2026:KHC:41500 MFA No. 7947 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. 4. 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. 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 - 7 - HC-KAR CNR: KAHC010692442025 NC: 2026:KHC:41500 MFA No. 7947 of 2025 the learned Judge of the concerned Appellate Court, in accordance with law; iv) The appellant is 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) Since the parties are represented before this Court, they shall appear before the learned District Judge on 01.09.2026 without awaiting any further notice. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 9