Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 35963 (KAR)

SRI A M RAJASHEKAR v. SMT. MANJULA@ MANJAMMA

MFA/9561/2025 · 2026-08-18

Pradeep Singh Yerur

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010824002025 NC: 2026:KHC:45170 MFA No. 9561 of 2025 C/W MFA No. 8928 of 2025 MFA No. 9771 of 2025 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. 9561 OF 2025 (CPC) C/W MISCELLANEOUS FIRST APPEAL NO. 8928 OF 2025 MISCELLANEOUS FIRST APPEAL NO. 9771 OF 2025 IN MFA No. 9561/2025 BETWEEN: SRI A.M. RAJASHEKAR, S/O V. MUNEGOWDA, AGED ABOUT 34 YEARS, R/AT ADHUR VILLAGE, BIDARAHALLI HOBLI, VIRGONAGAR POST, BANGALORE-560 049 …APPELLANT (BY SRI. PRASHANTH U.T., ADVOCATE) AND: 1. SMT. MANJULA@ MANJAMMA W/O MUNIKRISHNAPPA D/O LATE NARAYANSWAMY, AGED ABOUT 54 YEARS, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010824002025 NC: 2026:KHC:45170 MFA No. 9561 of 2025 C/W MFA No. 8928 of 2025 MFA No. 9771 of 2025 R/AT GUDLA MUDDENAHALLI VILLAGE, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT -562 135. 2. SRI. VENKATESH S/O LATE NARAYANASWAMY, AGED ABOUT 46 YEARS, 3. SMT. VINODA W/O VENKATESH, AGED ABOUT 36 YEARS, RESPONDENT NOS.2 AND 3 ARE R/AT ADHUR VILLAGE, BIDARAHALLI HOBLI, VIRGO NAGARA POST, BANGALORE-560 049. 4. SMT. JAYAMMA W/O A.BYREGOWDA, AGED ABOUT 59 YEARS, 5. SMT. ASHA D/O LATE A.BYREGOWDA, AGED ABOUT 37 YEARS, RESPONDNET NOS.4 & 5 ARE R/AT BIDARAHALLI CROSS, BIDARAHALLI HOBLI, BANGALORE EAST TALUK-560 049. 6. SMT. SUDHA D/O LATE A. BYREGOWDA, AGED ABOUT 36 YEARS, R/AT NARASAPURA VILLAGE ATTIBELE HOBLI, ANEKAL TALUK -562 107. - 3 - HC-KAR CNR: KAHC010824002025 NC: 2026:KHC:45170 MFA No. 9561 of 2025 C/W MFA No. 8928 of 2025 MFA No. 9771 of 2025 7. SRI. N. SREEDHAR S/O NARAYANASWAMY.C.M AGED ABOUT 34 YEARS R/AT ADHUR VILLAGE, BIDARAHALLI HOBLI, VIGRO NAGARA POST BANGALORE-560 049. …RESPONDENTS (BY SRI. CHOKKAREDDY., ADV. FOR C/R1) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT. 16.10.2025 PASSED ON IA NO.1 IN O.S.NO.419/2024 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL, BENGALURU, ALLOWING THE PETITION FILED U/O 39 RULE 1 AND 2 OF CPC. IN MFA NO. 8928/2025 BETWEEN: SMT. MANJULA @ MANJAMMA W/O MUNIKRISHNAPPA D/O LATE NARAYANSWAMY, AGED ABOUT 53 YEARS, R/AT GUDLA MUDDENAHALLI VILLAGE, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT - 562 135. ...APPELLANT (BY SRI. CHOKKAREDDY.,ADVOCATE) AND: 1. SRI VENKATESH S/O LATE NARAYANASWAMY AGED ABOUT 45 YEARS, 2. SMT. VINODA W/O VENKATESH, - 4 - HC-KAR CNR: KAHC010824002025 NC: 2026:KHC:45170 MFA No. 9561 of 2025 C/W MFA No. 8928 of 2025 MFA No. 9771 of 2025 AGED ABOUT 35 YEARS, BOTH ARE R/AT ADHUR VILLAGE, BIDARAHALLI HOBLI, VIRGO NAGARA POST, BANGALORE - 49. 3. SMT. JAYAMMA W/O A.BYREGOWDA, AGED ABOUT 58 YEARS, 4. SMT. ASHA D/O LATE A. BYREGOWDA AGED ABOUT 36 YEARS, RESPONDENT NOS.3 AND 4 ARE R/AT BIDARAHALLI CROSS, BIDARAHALLI HOBLI, BANGALORE EAST TALUK. 5. SMT. SUDHA D/O LATE A.BYREGOWDA, AGED ABOUT 35 YEARS, R/AT NARASAPURA VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, PIN-CODE. 562 107. 6. SRI. A. M. RAJASHEKAR S/O V.MUNEGOWDA, AGED ABOUT 33 YEARS, R/AT ADHUR VILLAGE, BIDARAHALLI HOBLI, VIRGO NAGARA POST, BANGALORE - 49. 7. SRI. N. SREEDHAR S/O NARAYANASWAMY.C.M. - 5 - HC-KAR CNR: KAHC010824002025 NC: 2026:KHC:45170 MFA No. 9561 of 2025 C/W MFA No. 8928 of 2025 MFA No. 9771 of 2025 AGED ABOUT 33 YEARS, R/AT ADHUR VILLAGE, BIDARAHALLI HOBLI, VIRGO NAGARA POST, BANGALORE - 49. ...RESPONDENTS V/O DATED 28.04.2026, NOTICE TO R1 TO R5 AND R7 ARE DISPENSED WITH (BY SRI.PRASHANTH U.T., ADVOCATE FOR R6) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT. 16.10.2025 PASSED ON I.A.NO. 4 IN O.S.NO. 419/2024 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, REJECTING THE I.A. NO. 4 FILED U/O.39 RULE 1 AND 2 OF CPC. IN MFA NO. 9771/2025 BETWEEN: SMT. MANJULA @ MANJAMMA W/O MUNIKRISHNAPPA, D/O LATE NARAYANSWAMY AGED ABOUT 53 YEARS, R/AT GUDLA MUDDENAHALLI VILLAGE, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT - 562 135. ...APPELLANT (BY SRI. CHOKKAREDDY.,ADVOCATE) AND: 1. SRI VENKATESH S/O LATE NARAYANASWAMY, AGED ABOUT 45 YEARS - 6 - HC-KAR CNR: KAHC010824002025 NC: 2026:KHC:45170 MFA No. 9561 of 2025 C/W MFA No. 8928 of 2025 MFA No. 9771 of 2025 2. SMT. VINODA W/O VENKATESH, AGED ABOUT 35 YEARS, BOTH ARE R/AT ADHUR VILLAGE, BIDARAHALLI HOBLI, VIRGO NAGARA POST, BANGALORE - 49. 3. SMT. JAYAMMA W/O A. BYREGOWDA, AGED ABOUT 58 YEARS, 4. SMT.ASHA D/O LATE A. BYREGOWDA, AGED ABOUT 36 YEARS, RESPONDNET NOS.3 AND 4 ARE R/AT BIDARAHALLI CROSS, BIDARAHALLI HOBLI, BANGALORE EAST TALUK. 5. SMT. SUDHA D/O LATE A. BYREGOWDA, AGED ABOUT 35 YEARS, R/AT NARASAPURA VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK PIN-CODE 562 107. 6. SRI.A.M.RAJASHEKAR S/O V. MUNEGOWDA, AGED ABOUT 33 YEARS, R/AT ADHUR VILLAGE, BIDARAHALLI HOBLI, VIRGO NAGARA POST, BANGALORE - 49. 7. SRI.N.SREEDHAR S/O NARAYANASWAMY.C.M. - 7 - HC-KAR CNR: KAHC010824002025 NC: 2026:KHC:45170 MFA No. 9561 of 2025 C/W MFA No. 8928 of 2025 MFA No. 9771 of 2025 AGED ABOUT 33 YEARS, R/AT ADHUR VILLAGE, BIDARAHALLI HOBLI, VIRGO NAGARA POST, BANGALORE - 49. ...RESPONDENTS (BY SRI. PRASHANTH. D.T., ADV. FOR R6; V/O DATED 07.01.2026, NOTICE TO R1 TO R5 ABD R7 ARE DISPENSED WITH) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT. 16.10..2025 PASSED ON IA NO.5 IN O.S.NO. 419/2024 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL, BENGALURU, REJECTING THE IA.NO. V FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT These appeals 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- - 8 - HC-KAR CNR: KAHC010824002025 NC: 2026:KHC:45170 MFA No. 9561 of 2025 C/W MFA No. 8928 of 2025 MFA No. 9771 of 2025 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 these matters to the concerned District Court for adjudication of the matters from the stage where it is stopped. 3. Accordingly, I pass the following: O R D E R i) Appeal stands disposed of for statistical purposes. ii) Registry is directed to transfer the entire record of the cases, 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 - 9 - HC-KAR CNR: KAHC010824002025 NC: 2026:KHC:45170 MFA No. 9561 of 2025 C/W MFA No. 8928 of 2025 MFA No. 9771 of 2025 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 appellants and learned counsel for the respondents are present. Hence, the parties shall appear before the learned District Judge on 10.09.2026 without awaiting further notice. vi) Interim order granted in MFA.No.8928/2025 and in MFA.No.9771/2025 shall continue until further orders are passed by the District Court. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK, List No.: 1 Sl No.: 31