- 1 - HC-KAR CNR: KAHC010352332026 NC: 2026:KHC:41482 MFA No. 3859 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. 3859 OF 2026 (CPC) BETWEEN: 1. SRI K NANJEGOWDA S/O. LATE A N KEMPEGOWDA AGED ABOUT 73 YEARS R/AT ADDIGANAHALLI VILLAGE HESARAGHATTA HOBLI YELAHANKA TALUK BENGALURU URBAN DISTRICT PIN-560064 2. SRI. K GOPALAKRISHNA S/O. LATE A N KEMPEGOWDA AGED ABOUT 69 YEARS R/AT ADDIGANAHALLI VILLAGE HESARAGHATTA HOBLI YELAHANKA TALUK PIN-560064 BENGALURU URBAN DISTRICT. 3. SRI. K RAJANNA S/O. LATE A N KEMPEGOWDA AGED ABOUT 66 YEARS R/AT ADDIGANAHALLI VILLAGE HESARAGHATTA HOBLI PIN 560064 Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010352332026 NC: 2026:KHC:41482 MFA No. 3859 of 2026 YELAHANKA TALUK BENGALURU URBAN DISTRICT. 4. SRI. K SURESH S/O. LATE A N KEMPEGOWDA AGED ABOUT 60 YEARS R/AT ADDIGANAHALLI VILLAGE HESARAGHATTA HOBLI PIN 560064 YELAHANKA TALUK BENGALURU URBAN DISTRICT. 5. SRI. K SATHISH S/O. LATE A N KEMPEGOWDA AGED ABOUT 46 YEARS R/AT ADDIGANAHALLI VILLAGE HESARAGHATTA HOBLI YELAHANKA TALUK PIN 560064 BENGALURU URBAN DISTRICT. …APPELLANTS (BY SRI. MAYA HOLLA.,ADVOCATE) AND: 1. SMT. K PUSHPALATHA @ PUSHPAMMA W/O. NARAYANAPPA D/O. LATE A N KEMPEGOWDA AGED ABOUT 50 YEARS R/AT KOIRA VILLAGE KUNDANA HOBLI DEVANAHALLI TALUK -562110 BENGALURU RURAL DISTRICT - 3 - HC-KAR CNR: KAHC010352332026 NC: 2026:KHC:41482 MFA No. 3859 of 2026 2. SMT. K SARASWATHAMMA W/O. BACCHEGOWDA D/O. LATE A N KEMPEGOWDA AGED ABOUT 67 YEARS R/AT TIPPUR, KASABA HOBLI DODDABALLAPURA TALUK - 561203 BENGALURU RURAL DISTRICT 3. SMT. K RATHNAMMA W/O. KEMPEGOWDA D/O. LATE A N KEMPEGOWDA AGED ABOUT 52 YEARS DODDABALLAPURA TALUK BENGALURU URBAN DISTRICT R/AT KUTANAHALLI, KASABA HOBLI - 561203 4. SMT. KANTHAMMA W.O. LATE KRISHNAPPA AGED ABOUT 60 YEARS R/AT ADDIGANAHALLI VILLAGE HESARAGHATTA HOBLI YELAHANKA TALUK BENGALURU URBAN DISTRICT -560064 …RESPONDENTS (BY SRI.SUNIL.S.RAO .,ADVOCATE FOR SRI.T.SESHAGIRI RAO, ADVOCATE FOR R1) (V/O/D 23.07.2026, SERVICE OF NOTICE TO OTHER RESPONDENTS IS D/W) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.05.01.2026 PASSED ON IA NO.1 IN - 4 - HC-KAR CNR: KAHC010352332026 NC: 2026:KHC:41482 MFA No. 3859 of 2026 O.S.NO.1324/ 2024 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT., AT BENGALURU., ALLOWING THE IA NO.1 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC, 1908. 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 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 - 5 - HC-KAR CNR: KAHC010352332026 NC: 2026:KHC:41482 MFA No. 3859 of 2026 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. 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) The appellants are permitted to carry out necessary amendment in the cause-title. - 6 - HC-KAR CNR: KAHC010352332026 NC: 2026:KHC:41482 MFA No. 3859 of 2026 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) Learned counsel for appellants and learned counsel for the respondents are present. Hence, the parties shall appear before the learned District Judge on 24.08.2026 without awaiting further notice. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 42