- 1 - HC-KAR CNR: KAHC010118332021 NC: 2026:KHC:45010 MFA No. 1978 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 1978 OF 2021 (CPC) BETWEEN: SRI ESHWAR P.L. S/O SRI LINGAPPA GOWDA, AGED ABOUT 56 YEARS, R/AT NO 37, 1ST CROSS, PARIMALA NAGARA, NANDINI LAYOUT, BENGALURU 560 096. …APPELLANT (BY SRI. S. N. SRINIVAS & SRI. SAMPATH KUMAR. P. ADVOCATE) AND: 1. SRI CHOWDAIAH S/O LATE LAKSHMAIAH, AGED ABOUT 82 YERS, R/AT NO 119/1, THAMARASANAHALLI, T. B. POST HESARGHATTA MAIN ROAD, BENGALURU 560 089. 2. SRI. H. MOHANDAS S/O LATE HANUMANTHAPPA, AGED ABOUT 51 YEARS, R/AT NO.92, THAMARASANAHALLI, T. B. POST HESARGHATTA MAIN ROAD, BENGALURU 560 089. Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010118332021 NC: 2026:KHC:45010 MFA No. 1978 of 2021 3. RAMESH N S/O LATE NANJUNDAIAH, AGED ABOUT 50 YEARS, R/AT NO.116, THAMARASANAHALLI, T. B. POST HESARGHATTA MAIN ROAD, BENGALURU 560 089. 4. SRI. PUTTALAKSHMAIAH S/O LATE LAKSHMAIAH, AGED ABOUT 66 YEARS, R/AT NO.2, 3RD CROSS, SMSL LAYOUT, THIRUMALAPURA, HESARGHATTA MAIN ROAD, BENGALURU 560 089. 5. SRI. L MALLAIAH S/O LATE LAKSHMAIAH, AGED ABOUT 64 YEARS, R/AT NO.10, THAMARASANAHALLI, T. B. POST, HESARGHATTA MAIN ROAD, BENGALURU 560 089. 6. SRI. NANJEGOWDA H S/O LATE HANUMAIAH, AGED ABOUT 54 YEARS, 7. SMT. MANJULA W/O NANJEGOWDA H, AGED ABOUT 49 YEARS, 8. SMT. ASHA H N D/O NANJEGOWDA H, AGED ABOUT 30 YEARS, 9. SRI. MANU H.N. S/O NANJEGOWDA H, AGED ABOUT 29 YEARS, 10. SMT. SOWMYA H. N. D/O NANJEGOWDA H, - 3 - HC-KAR CNR: KAHC010118332021 NC: 2026:KHC:45010 MFA No. 1978 of 2021 AGED ABOUT 30 YEARS, RESPONDNET NOS.6 TO 10 ARE ALL RESIDING AT HANABE VILLAGE, DODDABELAVANGALA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT 561 203. 11. SMT. KEMPAMMA D/O LATE HANUMAIAH, AGED AOBUT 65 YEARS, R/AT NARASIPURA MATTAHALLI POST, DASANPURA HOBLI, BENGALURU 562 123. 12. SRI. M. SIDDAGANGAPPA S/O LATE MALLAIAH, AGED ABOUT 51 YEARS, R/AT THAMARASANAHALLI, T. B. POST, HESARGHATTA MAIN ROAD, BENGALURU 560 089. …RESPONDENTS (BY SRI. GANGADHARAPPA A V.,ADV. FOR R1 TO R5; V/O DATED 06.07.2021 NOTICE TO R6 TO R12 ARE DISPENSED WITH) THIS MFA IS FILED U/O. 43 RULE 1(r) OF CPC, ACT AGAINST THE ORDER DATED. 17.12.2020, PASSED ON IA. NOS. 1 AND 2 IN O.S. NO.656/2020, ON THE FILE OF THE V-ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING THE PETITION FILED U/O.39 RULE 1 AND 2 R/W. SEC.151 OF CPC. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR - 4 - HC-KAR CNR: KAHC010118332021 NC: 2026:KHC:45010 MFA No. 1978 of 2021 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: - 5 - HC-KAR CNR: KAHC010118332021 NC: 2026:KHC:45010 MFA No. 1978 of 2021 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 and all rights and contentions of the parties are left open to be agitated before the concerned Appellate Court. v) Learned counsel for appellant and learned counsel for the respondents are present. - 6 - HC-KAR CNR: KAHC010118332021 NC: 2026:KHC:45010 MFA No. 1978 of 2021 Hence, the parties shall appear before the learned District Judge on 10.09.2026 without awaiting further notice. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 48