- 1 - HC-KAR CNR: KAHC010427612026 NC: 2026:KHC:43142 MFA No. 4796 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. 4796 OF 2026 (CPC) BETWEEN: SIDDARTHI NAGAPPA W/O LOKESH KUMAR H AGED ABOUT 37 YEARS RESIDING AT, FLAT NO.13, 1ST FLOOR, SGR RESIDENCY, 1ST MAIN, K.K. LAYOUT, NAGARBHAVI, BENGALURU -560 072 …APPELLANT (BY SRI. SURYA S., ADVOCATE FOR SRI. SIJI MALAYIL, ADVOCATE) AND: R SHANTHAMMA W/O S.N. HONNE GOWDA AGED ABOUT 63 YEARS PROPRIETOR OF BVM CONSTRUCTIONS AND DEVELOPMENT RESIDING AT, NO.161, M.P.M. LAYOUT, M.K. DREAM HOUSE, MALLATHALLI BENGALURU -560 056 …RESPONDENT THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT. 02.06.2026 PASSED ON IA NO.1 IN O.S.NO. 687/2026 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL, BENGALURU, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010427612026 NC: 2026:KHC:43142 MFA No. 4796 of 2026 ALLOWING THE IA.NO.1FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC, 1908. THIS APPEAL, COMING ON FOR ADMISSION, 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 - 3 - HC-KAR CNR: KAHC010427612026 NC: 2026:KHC:43142 MFA No. 4796 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) It is made clear that this Court has not made any observation as to the merits of the case - 4 - HC-KAR CNR: KAHC010427612026 NC: 2026:KHC:43142 MFA No. 4796 of 2026 and all rights and contentions of the parties are left open to be agitated before the concerned Appellate Court. v) The matter shall be listed before the District Court on 02.09.2026. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 41