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2026 DAILYLAW 35611 (KAR)

SRI PRABHAKARA REDDY v. SRI RAJAGOPAL REDDY

MFA/1687/2026 · 2026-08-06

Pradeep Singh Yerur

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010159902026 NC: 2026:KHC:42093 MFA No. 1687 of 2026 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. 1687 OF 2026 (CPC) BETWEEN: 1. SRI PRABHAKARA REDDY S/O. LATE MUNIPAPA REDDY AGED ABOUT 71 YEARS R/AT HEELALIGE VILLAGE CHANDAPURA ROAD ATTIBELE HOBLI ANEKAL TALUK BENGALURU URBAN DISTRICT. 2. SRI JAGANNATH REDDY H.M. S/O. LATE MUNIPAPA REDDY AGED ABOUT 60 YEARS R/AT BEHIND GOVT, SCHOOL HEELALIGE VILLAGE, CHANDAPURA ROAD ATTIBELE HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT - 560 099. …APPELLANTS (BY SRI PATEEL G.S., ADVOCATE AND SRI S. NAGESH, ADVOCATE) AND: 1. SRI RAJAGOPAL REDDY S/O. LATE VEERA REDDY @ ANNAYAPPA AGED ABOUT 64 YEARS R/AT LAKSHMINARAYANAPURA VILLAGE HUSKUR POST, SARJAPURA HOBLI ANEKAL TALUK BENGALURU URBAN DISTRICT - 560 099. 2. SMT. VENKATAMMA Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010159902026 NC: 2026:KHC:42093 MFA No. 1687 of 2026 W/O. VENKATA REDDY D/O. LATE VEERA REDDY @ ANNAYAPPA AGED ABOUT 84 YEARS R/AT NERALUR VILLAGE, ATTIBELE HOBLI ANEKAL TALUK BENGALURU URBAN DISTRICT - 562 107. 3. SRI CHANDRASHEKAR S/O. VENKATASWAMY REDDY AGED ABOUT 51 YEARS. 4. SRI BABU REDDY S/O. VENKATASWAMY REDDY AGED ABOUT 46 YEAR DEFENDANTS 3 AND 4 ARE R/AT MUTHANALLUR VILLAGE SARJAPURA HOBLI, ARNIEKAL TALUK BENGALURU URBAN DISTRICT - 560 099. 5. A. NARAYANA REDDY S/O. LATE VEERA REDDY @ ANNAYAPPA AGED ABOUT 70 YEARS R/AT LAKSHMINARAYANPURA VILLAGE SARJAPURA HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT - 560 099. 6. SMT. JAYALAKSHMI D/O. LATE MADDURAPPA AGED ABOUT 47 YEARS. 7. SRI MANJUNATH S/O. LATE MADDURAPPA AGED ABOUT 45 YEARS. 8. SMT. SARASWATHI D/O. LATE MADDURAPPA AGED ABOUT 44 YEARS. DEFENDANTS 6 TO 8 ARE - 3 - HC-KAR CNR: KAHC010159902026 NC: 2026:KHC:42093 MFA No. 1687 of 2026 R/AT RAMASAGARA VILLAGE ATTIBELE HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT - 560 099. 9. M/S. ITTINA HOUSING LTD. A COMPANY REGISTERED UNDER INDIAN COMPANIES ACT 1956 HAVING REGISTERED AT OFFICE R/AT NO.1054, 7TH MAIN, 3RD BLACK KORANMANGALA, BENGALURU - 34 RPT. BY ITS DIRECTOR SRI. MAHABALESWARAPPA. 10. SMT. P. GIRIGAMMA W/O. P. VEERABHADRAPPA AGED ABOUT 64 YEARS R/AT GANGAVATHI, KOPPALA DISTRICT KARNATAKA - 583 227. 11. SMT. HETAL MAMTORA W/O. CHETHANMAMTORA AGED ABOUT 48 YEARS R/AT SUPRABATHA 1 ST FLOOR BEHIND LIC COLONY YESHVANTHAPURA BENGALURU - 560 022. 12. B. CHAMUNDWAHWARI W/O. B.SIDDARAMAPPA AGED ABOUT 67 YEARS R/AT ADONI KURNUL DISTRICT ANDHRA PRADESH - 518 301. 13. B.K. CHANDRAREDDY S/O. KULLA REDDY AGED ABOUT 66 YEARS R/AT BALLUR VILLAGE ATTIBELE HOBLI ANEKAL TALUK BENGALURU URBAN DISTRICT - 562 107. - 4 - HC-KAR CNR: KAHC010159902026 NC: 2026:KHC:42093 MFA No. 1687 of 2026 14. K.R. SRIDHARA S/O. LATE K.Y. RAMAREDDY AGED BOUT 57 YEARS R/AT 62/5, KONNAPPANA AGRAHARA ELECTRON CITY POST BENGALURU - 560 100. 15. M/S. SRI NANDANA BUILDERS A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.69 B 7TH MAIN, 2ND CROSS (HHRWA LAYOUT), NANDA KUMAR LAYOUT AREHALLI, BENGALURU - 560 061 REP. BY ITS AUTHORIZED PARTNERS. 16. M. SUDHAKAR S/O. LATE M. SHANKARNAIDU AGED ABOUT 48 YEARS. 17. M.PRAKASH S/O. LATE M.DORASNRAMY NAIDU AGED ABOUT 49 YEARS. 18. M.S. BABU S/O. LATE M.SHANKAR AGED ABOUT 49 YEARS. 19. K. HEMADRI S/O. K. BALAKRISHNA NAIDU AGED ABOUT 40 YEARS. 20. V. GOVARDHANA CHETTY S/O. LATE V.M. JAYARAMAIAH CHETTY, AGED ABOUT 62 YEARS. 21. B. LAKSHMAIAH S/O. LATE NARASIMHA NAIDU AGED BOUT 53 YEARS. 22. D. PRABHAKAR NAIDU - 5 - HC-KAR CNR: KAHC010159902026 NC: 2026:KHC:42093 MFA No. 1687 of 2026 S/O. LATE. D. VENKATESHA NAIDU AGED ABOUT 40 YEARS. 23. C.H. LOHITH @ LAKSHMAN KUMAR S/O. P. HARISH AGED ABOUT 30 YEARS. 24. SMT. MANJULA DEVI @ DEVI MANJULA W/O. P. HARISH AGED ABOUT 57 YEARS. RES. NO. 23 AND 24 ARE R/AT B. HOSAHALLI VILLAGE SARJAPURA HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT - 560 087. 25. SMT. RATHNAMMA W/O. LATE HALLELLAPPA AGED ABOUT 74 YEARS. 26. SMT. YESHODAMMA D/O. LATE HALLELLAPPA AGED ABOUT 59 YEARS. RES. NO. 25 AND 26 R/AT RAMASAGARA VILLAGE ATTIBELE HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT - 560 099. 27. SMT. NAGALAMBIKE W/O. LATE I.MAHABALESHWRAPPA AGED ABOUT 69 YEARS. 28. SRI MANU ITTINA S/O. LATE I. MAHABALESHWRAPPA AGED ABOUT 44 YEARS. 29. SMT. MONA ITTINA D/O. LATE I. MAHABALESHWRAPPA AGED ABOUT 41 YEARS. - 6 - HC-KAR CNR: KAHC010159902026 NC: 2026:KHC:42093 MFA No. 1687 of 2026 30. SRI MAHADEV ITTINA S/O. LATE I. MAHABALESHWRAPPA AGED ABOUT 37 YEARS. 31. SRI I. VEERESH S/O. I. AMARAPPA AGED ABOUT 50 YEARS. RES. NO. 27 TO 31 ARE R/AT ITTINA HOUSE KAIKONDRAHALLI VILLAGE SARJAPURA ROAD BENGALURU - 560 035. 32. SRI L. BHARATH KUMAR S/O. SRI K. LINGA REDDY AGED ABOUT 37 YEARS R/AT 59/2,A-304, 3RD FLOOR 35TH MAIN, 7TH CROSS DSR NAVEEN LAKE APARTMENT BTM LAYOUT, BENGALURU - 68. 33. K.B. NANDISH S/O. LATE, B. BASAVAIAH AGED ABOUT 49 YEARS R/AT NO.9 5TH AND NO.39 A AND NO.39 BLACK, KOROMANGALA BENGALURU - 560 034. 34. SRI J. NARASIMHA REDDY S/O. R.J. AYAPPA REDDY AGED ABOUT 47 YEARS R/AT NO.1, 1ST AND NO.39 A AND NO.39 CROSS, MADIWALA BENGALURU - 68. 35. SMT. GOWRAMMA W/O. LATE C. GOPALAREDDY AGED ABOUT 65 YEARS. - 7 - HC-KAR CNR: KAHC010159902026 NC: 2026:KHC:42093 MFA No. 1687 of 2026 36. SMT. SHILPA D/O. LATE C. GOPALREDDY AGED ABOUT 34 YEARS RES. 35 AND 36 R/AT RAMASAGARA VILLAGE ATTIEBELE HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT - 560 099. 37. SMT. MAMATHA W/O. LATE MUNIRAJU AGED ABOUT 56 YEARS. 38. KUMARI. MITHA D/O. LATE C. MUNIRAJU AGED ABOUT 39 YEARS. 39. KUMARI. MEGANA D/O. LATE C. MUNIRAJU AGED ABOUT 23 YEARS. DEF. NO.37 TO 39 R/AT RAMASAGARA VIILAGE ATTIBELE HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT - 560 099. 40. SMT. SAROJAMMA W/O. LATE SOMASHEKRA REDDY AGED ABOUT 66 YEARS. 41. R.C. RAVINDRAIAH S/O. LATE CHINNAPPA REDDY AGED ABOUT 67 YEARS. RES. NO. 40 AND 41 R/AT RAMASAGARA VILLAGE ATTIBELE HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT - 560 099. 42. SMT. SHANTHAMMA W/O. GOPAL REDDY - 8 - HC-KAR CNR: KAHC010159902026 NC: 2026:KHC:42093 MFA No. 1687 of 2026 D/O. LATE CHINNAPPA REDDY AGED ABOUT 79 YEARS R/AT MARASUR VILLAGE KASABA HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT - 562 106. 43. SMT. SHEELA D/O. LATE C. GOPALREDDY AGED ABOUT 40 YEARS. 44. SRI CHETHAN S/O. LATE SOMESHEKARREDDY AGED ABOUT 41 YEARS. 45. SRI CHANDAN S/O. LATE SOMESHEKARREDDY AGED ABOUT 39 YEARS. 46. SRI BHARATH REDDY R.C. S/O. R.V. RAVINDRAIAH AGED ABOUT 36 YEARS. 47. PRERANA D/O. LATE RAVINDRAIAH AGED ABOUT 29 YEARS. RES. NO.43 TO 47 R/AT RAMASAGARA VILLAGE ATTIBELE HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT - 560 099. 48. SMT. B.N. VIJAYALAKSHMI W/O. LATE N. NAGARAJU AGED ABOUT 60 YEARS. 49. SRI AMARDEEP S/O. LATE N. NAGARAJU AGED ABOUT 41 YEARS. 50. RAVI KIRAN - 9 - HC-KAR CNR: KAHC010159902026 NC: 2026:KHC:42093 MFA No. 1687 of 2026 S/O. LATE NAGARAJU AGED ABOUT 36 YEARS. 51. N. VENKATESH REDDY S/O. LATE NANJUNDA REDDY AGED ABOUT 54 YEARS. 52. NANJAPPA REDDY S/O. N. VENKATESH REDDY AGED ABOUT 24 YEARS. 53. SUCHITA S/O. N. VENKATESHA REDDY AGED ABOUT 23 YEARS. 54. RAMA REDDY S/O. LATE PAPAREDDY AGED ABOUT 90 YEARS. RES. NO.48 TO 54 R/AT RAMASAGARA VILLAGE ATTIBELE HOBLI ANEKAL TALUK - 560 099. 55. ASHOK KUMAR AGARWAL S/O. G.C. AGARWAL AGED ABOUT 64 YEARS R/AT NO. 111, 17TH 'C' MAIN KORAMANGALA 5TH BLOCK BENGALURU - 560 095. 56. RAMAREDDY R.V. S/O. LATE VENKATARAMMAPPA @VENKATARAMANA REDDY AGED ABOUT 66 YEARS. 57. SMT. SUJATHA W/O. RAMAREDDY R.V. AGED ABOUT 44 YEARS. - 10 - HC-KAR CNR: KAHC010159902026 NC: 2026:KHC:42093 MFA No. 1687 of 2026 58. ARCHANA D/O. RAMAREDDY R.V. AGED ABOUT 25 YEARS. 59. YASHASWINI D/O. RAMAREDDY R.V. AGED ABOUT 23 YEARS RES. NO.56 TO 59 R/AT 316, NEAR YELLAMMA TEMPLE MUTHANALLUR VILLAGE SARJAPURA HOBLI ANEKAL TALUK - 560 099. 60. SRI GOPAL REDDY S/O. VENKATARAMMAPPA @VENKATARAMANA REDDY AGED ABOUT 57 YEARS. 61. SMT. SHEELA W/O. GOPALAREDDY AGED ABOUT 47 YEARS. 62. VANDANA D/O. GOPALREDDY AGED ABOUT 22 YEARS. 63. VARSHA D/O. GOPALAREDDY AGED ABOUT 20 YEARS SINCE MINOR RPT BY HER FATHER GOPAL REDDY. RES. NO.60 TO 63 R/AT NO.157, RAMASAGARA VILLAGE MUTHANALLURA POST, ATTIBELE HOBLI ANEKAL TALUK - 560 099. 64. SMT. ASHWATHAMMA D/O. LATE VENKATARAMMAPPA - 11 - HC-KAR CNR: KAHC010159902026 NC: 2026:KHC:42093 MFA No. 1687 of 2026 @ VENKATARAMANA REDDY AGED ABOUT 47 YEARS R/AT 902, DODDANAGAMANGALA ELECTRONIC CITY, BENGALURU - 100. 65. SRI SRINIVASA REDDY R.V. S/O. LATE VENKATARAMANAPPA @ VENKATARAMA REDDY AGED ABOUT 49 YEARS. 66. SMT. LAKSHAMMA @ DHANALAKSHMI W/O. SRINIVASA REDDY R.V. AGED ABOUT 36 YEARS. 67. CHAITHANYA D/O. SRINIVASA REDDY R.V. AGED ABOUT 16 YEARS. SINCE MINOR REPRESENTED BY HER FATHER SRINIVASA REDDY R.V. RES. NO.65 TO 67 R/AT NO/64/4, DOMMASANDRA ROAD NEAR YELLAMMA DEVI TEMPLE RAMASAGARA VILLAGE MUTHANALLUR POST, ATTIBELE HOBLI ANEKAL TALUK - 560 099. 68. M/S. BALAJI PROPERTIES (REGISTRATION PARTNERSHIP FIRM) HOUSING ITS OFFICE AT NO.96 27TH MAIN, BSK 2ND STAGE BENGALURU - 560 070 REGISTRATION PARTNERSHIP FIRM BY ITS MANAGING PARTNER. 69. G.N. DINESH BABU S/O. G. NARASIMHA NAIDU AGED ABOUT 54 YEARS R/AT 430, 8TH MAIN - 12 - HC-KAR CNR: KAHC010159902026 NC: 2026:KHC:42093 MFA No. 1687 of 2026 THARA SUBBA RAO ROAD HANUMANTHANAGAR BENGALURU - 560 019. 70. SRI S. MURALI KRISHNA S/O. SUBRAMANYAM AGED ABOUT 50 YEARS R/AT 25/3, TEMPLE ROAD ITI COLONY, BSK 3RD STAGE BENGALURU - 560 085. 71. NARAYANAREDDY H. S/O. LATE HOSUR HANUMAREDDY AGED ABOUT 83 YEARS. 72. PADMAMMA W/O. NARAYANAREDDY H. AGED ABOUT 82 YEARS. 73. R.V. MANJUNATHA S/O. NARAYANAREDDY H. AGED ABOUT 62 YEARS. 74. HANUMA REDDY N. S/O. NARAYANAREDDY H. AGED ABOUT 55 YEARS. RES. NO.70 TO 74 R/AT NO.218, RAMASAGARA VILLAGE MUTHANALLUR POST, ATTIBELE HOBLI ANEKAL TALUK - 560 099. 75. SMT. ANUSAYA N. D/O. NARAYANAREDDY H. W/O. MUNIREDDY G. AGED ABOUT 52 YEARS NO.312/1, LAKSHIM-VENKATESHWARA NILAYA 1ST CROSS, TEACHERS COLONY CHANDAPURA, BENGALURU - 560 099. - 13 - HC-KAR CNR: KAHC010159902026 NC: 2026:KHC:42093 MFA No. 1687 of 2026 76. MUNIYELLAPPA S/O. LATE YELLAPPA AGED ABOUT 67 YEARS. 77. SMT. YELLAMMA D/O. LATE. YELLAPPA AGED ABOUT 64 YEARS. RES. NO.76 AND 77 R/AT RAMASAGARA VILLAGE ATTIBELE HOBLI ANEKAL TALUK - 560 099. 78. MARIANIST TRUST A PUBLIC CHARITABLE TRUST HAVING ITS OFFICE AT 15 CURLEE STREET, BENGALURU - 560 025 R/AT BY ITS AUTHORIZED REPRESENTATIVE. 79. B.R. ANURANJAN LAKRA S/O. LATE MR. AGUSTIN AGED ABOUT 57 YEARS. 80. SRI P.A. BINAY S/O. MR. P.M. ABRAHAM AGED ABOUT 55 YEARS. 81. H.S. NARAYANASWAMY S/O. LATE SHANBUGAIAH AGED ABOUT 52 YEARS. 82. SMT. VEENA W/O. H.S. NARAYANASWAMY AGED ABOUT 40 YEARS. 83. SAMRAT SURYA TEJA S/O. H.S. NARAYANASWAMY AGED ABOUT 17 YEARS SINCE MINOR RPT. BY HIS FATHER H.S. NARAYANASWAMY AS GUARDIAN. - 14 - HC-KAR CNR: KAHC010159902026 NC: 2026:KHC:42093 MFA No. 1687 of 2026 84. LION SURYA KIRANA S/O. H.S.NARAYANASWAMY AGED ABOUT 16 YEARS SINCE MINOR REPRESENTED BY HIS FATHER H.S.NARAYANASWAMY AS GUARDIAN DEFENDANTS 81 TO 83 ARE R/AT RAMASAGARA VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK - 560 099. 85. HANUMAPPA @ HANUMMAYYA S/O. LATE JAMBRAPPA AGED ABOUT 84 YEARS R/AT NO.136/, NEAR MARAPPA TEMPLE HEELALIGE, ATTIBELE HOBLL BENGALURU - 560 099. 86. VENKATAMMA W/O. HANUMAPPA @ HANUMMAYYA AGED ABOUT 71 YEARS R/AT NO. 171, NEAR MARAMMA TEMPLE HEELAALIGE, ATTIBELE HOBLI, BENGALURU - 560 099. 87. H. SHANKAR BABU S/O. HANUMAPPA @ HANUMMAYYA AGED ABOUT 53 YEARS. R/AT NO.136, NEAR MARAPPA TEMPLE HEELALIGE, ATTIBELE HOBLI BENGALURU - 560 099. 88. H. SUBRAMANI S/O. HANUMAPPA @ HANUMMAYYA AGED ABOUT 46 YEARS R/AT HEELALIGE, CHANDAPURA ANEKAL TALUK, BENGALURU - 560 099. 89. MARIANIST TRUST A PUBLIC CHARITABLE TRUST - 15 - HC-KAR CNR: KAHC010159902026 NC: 2026:KHC:42093 MFA No. 1687 of 2026 HAVING OFFICE AT NO.15 CURLEE STREET, BENGALURU - 560 025 RPT. BY ITS SECRETARY BRO DARWIN JOSEPH GEORGE S/O. K.S. GEORGE AGED ABOUT 51 YEARS. 90. SRI GANESH S/O. BHADRAIAH AGED ABOUT 53 YEARS. 91. SRI SRINIVASA S/O. BHADRAIAH AGED ABOUT 48 YEARS. 92. SMT. RUDRAMMA D/O. BHADRAIAH AGED ABOUT 58 YEARS. 93. SMT. RADHA D/O. BHADRAIAH AGED ABOUT 45 YEARS. 94. SRI LATE MADDURAPPA AGED ABOUT 63 YEARS. 95. SRI VENKATESHAPPA S/O. LATE MUNIVEERAPPA AGED ABOUT 78 YEARS. 96. SRI RAJAPPA S/O. VENKATESHAPPA AGED ABOUT 44 YEARS. 97. KUM. MAMATHA D/O. MUNIYAPPA AGED ABOUT 29 YEARS. - 16 - HC-KAR CNR: KAHC010159902026 NC: 2026:KHC:42093 MFA No. 1687 of 2026 98. KUMARI YASHODHA D/O. MUNIYAPPA AGED ABOUT 27 YEARS. 99. SMT. GOWRAMMA W/O. LATE MUNISAKAPPA AGED ABOUT 63 YEARS. 100. SRI VINODHA S/O. LATE MUNISAKAPPA AGED ABOUT 43 YEARS. 101. SRI VIJAYA KUMAR.M. S/O. LATE MUNISAKAPPA AGED ABOUT 40 YEARS. 102. SRI GOWRAMMA D/O. SRI VENKATESHAPPA AGED ABOUT 58 YEARS. RES. NO. 90 TO 102 R/AT RAMASAGARA VILLAGE ATTIBELE HOBLI, ANEKAL TALUK BENGALURU - 560 099. …RESPONDENTS (BY SRI M. MADHUSUDHANA RAO, ADVOCATE FOR R1) THIS MFA FILED UNDER ORDER XXXIX RULE 1(R) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 27.11.2025 PASSED ON IA.NOS.10 AND 13 IN O.S.NO.1121/2022 BY THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, ANEKAL. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 17 - HC-KAR CNR: KAHC010159902026 NC: 2026:KHC:42093 MFA No. 1687 of 2026 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. 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; - 18 - HC-KAR CNR: KAHC010159902026 NC: 2026:KHC:42093 MFA No. 1687 of 2026 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; 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 01.09.2026 without awaiting any further notice. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 11