- 1 - HC-KAR CNR: KAHC010084542025 NC: 2026:KHC:45381 MFA No. 1013 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO.1013 OF 2025 (CPC) BETWEEN: SRI CHANDRASHEKAR K. S/O. T.C. KRISHNAMURTHY AGED ABOUT 37 YEARS KUNDURU DODDABHAVI KASABA HOBLI DEVARAYAPATTANA ANCHE TUMAKUR TALUK TUMAKURU – 572 104. …APPELLANT (BY SRI GURU PRASANNA S., ADVOCATE) AND: 1. SRI SATHYANARAYANA (SHASHI) S/O. SRI MUNIYAPPA AGED ABOUT 51 YEARS R/AT NO.836, 7TH CROSS BHAUBALINGANAGARA JALAHALLI GRAMA BENGALURU – 560 013. 2. SRI H.R VENKATESH S/O. LATE RANGAPPA AGED 53 YEARS. 3. MISS. CHITRASHREE D/O. H.R.VENKATESH AGED 27 YEARS. 4. SRI TILAK CHAND V S/O. H.R.VENKATESH Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010084542025 NC: 2026:KHC:45381 MFA No. 1013 of 2025 AGED ABOUT 26 YEARS. DEFENDANT NO.1 TO 4 ARE R/AT 2ND CROSS, 2ND BLOCK KUVEMPUNAGARA TUMUKURU TALUK TUMUKURU – 572 103. 5. SRI YOGANANDA MAJOR S/O. N.SITHARAMU R/AT-ANETHOTA B.A GUDIPALYA TUMUKURU - 572 103. 6. SRI JAGADEESH S/O. LAKSHMINARASAYYA MAJOR, R/AT 1ST MAIN ROAD 1ST CROSS, 1ST MAIN ROAD HANUMANTHAPURA BADAVANE TUMAKURU – 572 103. 7. SMT. ROOPA M.S. W/O. SRI JAGADISH MAJOR, HIREDODDAWADI VILLAGE OORDIGERE HOBLI, TUMKUR. 8. SMT. SHOBA SHIVAKUMARA W/O. R. SHIVAKUMAR AGED 47 YEARS NO.10/2, 4TH CROSS SM ROAD, UDUPA GARDEN BANGALORE – 560 015. …RESPONDENTS (BY SRI M.MOHAN RAO, ADVOCATE FOR R8; R1 IS SERVED AND UNREPRESENTED) THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 06.01.2025 - 3 - HC-KAR CNR: KAHC010084542025 NC: 2026:KHC:45381 MFA No. 1013 of 2025 PASSED ON I.A. IN O.S.NO.467/2023 BY II ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., TUMAKURU. 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 District Court for adjudication of the matter from the stage where it is stopped. 3. Accordingly, I pass the following: - 4 - HC-KAR CNR: KAHC010084542025 NC: 2026:KHC:45381 MFA No. 1013 of 2025 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) Since the parties are represented before this Court, they shall appear before the learned - 5 - HC-KAR CNR: KAHC010084542025 NC: 2026:KHC:45381 MFA No. 1013 of 2025 District Judge on 11.09.2026 without awaiting any further notice.; vi) Interim order granted in the present appeal shall continue until further orders by the learned District Judge; Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 9