- 1 - HC-KAR CNR: KAHC010042122026 NC: 2026:KHC:42586 MFA No. 539 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. 539 OF 2026 (CPC) BETWEEN: 1. M/S. J.A. REAL ESTATE PVT. LTD. OFFICE AT GROUND FLOOR SADHANA HOUSE PANDURANGA BUDHKAR MARG WORLI, MUMBAI - 400 018. REPRESENTED BY ITS DIRECTOR: MR. SANJAY BADIANI. 2. MR. SANJAY BADIANI S/O. LATE PURUSHOTHAM BADIANI AGED ABOUT 73 YEARS RESIDING AT NO.4 NARAYANA LAYOUT 2ND CROSS, BOREWELL ROAD NALLURAHALLI, WHITEFIELD BANGALORE - 560 066. BOTH REPRESENTED BY THEIR SPA HOLDER SRI J.MAHENDRAN S/O. LATE JAYARAM AGED ABOUT 56 YEARS RESIDING AT NO.P-134 8TH MAIN, 12TH SECTOR 11TH CROSS, LIC COLONY J.B NAGAR, BENGALURU - 560 075. …APPELLANTS (BY SRI VIJAYA SHEKARA GOWDA V., ADVOCATE) Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010042122026 NC: 2026:KHC:42586 MFA No. 539 of 2026 AND: SRI G. RAJU S/O. LATE G. JANARDHAN AGED ABOUT 57 YEARS R/AT NO.18-92/CDE, SS TOWER CHAITANYAPURI CROSS ROAD DILSUKH NAGAR, HYDERABAD ANDHRA PRADESH, BENGALURU - 560 060. …RESPONDENT THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 12.11.2025 PASSED ON IA.NO.1 IN O.S.NO.727/2024 BY THE SENIOR CIVIL JUDGE AND JMFC, HOSAKOTE. 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. - 3 - HC-KAR CNR: KAHC010042122026 NC: 2026:KHC:42586 MFA No. 539 of 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; 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; - 4 - HC-KAR CNR: KAHC010042122026 NC: 2026:KHC:42586 MFA No. 539 of 2026 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.: 6