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2026 DAILYLAW 36730 (KAR)

M/S VAISHNVI DEVELOPERS v. SRI NAVEEN T V

MFA/2660/2025 · 2026-08-20

Pradeep Singh Yerur

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010240802025 NC: 2026:KHC:46042 MFA No. 2660 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 2660 OF 2025 (CPC) BETWEEN: 1. M/S. VAISHNVI DEVELOPERS REGISTERED PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT NO.39 NAGASHREE KRISHNA NILAYA 39TH CROSS, 7TH BLOCK, JAYANAGAR BENGALURU - 560 082. 2. SMT. LALITHA B. PARTNER, M/S. VAISHNAVI DEVELOPERS REGISTERED PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT NO.61/P7, LAKSHMIPURA KANAKAPURA MAIN ROAD NEAR ART OF LIVING BENGALURU - 560 062. 3. SRI C.M. RAMESH, PARTNER, M/S. VAISHNAVI DEVELOPERS REGISTERED PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT NO.61/P7, LAKSHMIPURA KANAKAPURA MAIN ROAD NEAR ART OF LIVING, BENGALURU - 560 062. …APPELLANTS (BY SRI SRIDHAR G., ADVOCATE) AND: 1. SRI NAVEEN T.V. S/O. LATE VENUGOPAL REDDY AGED ABOUT 47 YEARS Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010240802025 NC: 2026:KHC:46042 MFA No. 2660 of 2025 R/A. NO.19, 1ST C CROSS KORAMANGALA 7TH BLOCK BENGALURU - 560 095. 2. SMT. VEENA REDDY W/O. NAVEEN T.V. AGED ABOUT 44 YEARS R/A NO.419, 1ST C CROSS KORAMANGALA 7TH BLOCK BENGALURU - 560 095. 3. SRI ARUN BALAJI S/O. M.C. CHAKRAPANI AGED ABOUT 38 YEARS R/A NO.29, SRI SAI NIVAS 3RD MAIN, NARAYANAGAR 2ND BLOCK THIPPASANDRA SRI GURUSIDDEASHWARA CINEMA THEATRE, TALAGHATAPURA BANGALORE - 560 062. 4. SMT. MEGHANA SARVESH W/O. ARUN BALAJI AGED ABOUT 37 YEARS R/A NO.29, SRI SAI NIVAS 3RD MAIN, NARAYANAGAR 2ND BLOCK THIPPASANDRA, SRI GURUSIDDEASHWARA CINEMA THEATRE, TALAGHATAPURA BANGALORE - 560 062. 5. SRI BHASKARA MOGERA S/O. TIMMAPPA MOGERA AGED ABOUT 47 YEARS R/A. NO.NK 201 SHRIRAM SURABI APARTMENTS MALLASANDRA, HILLIDAY VILLAGE ROAD, BENGALURU - 560 062. 6. SMT. RAVI KALA W/O. BHASKARA MOGERA - 3 - HC-KAR CNR: KAHC010240802025 NC: 2026:KHC:46042 MFA No. 2660 of 2025 AGED ABOUT 42 YEARS R/A. NO.NK 201, SHRIRAM SURABI APARTMENTS MALLASANDRA HOLIDAY VILLAGE ROAD BENGALURU - 560 062. …RESPONDENTS THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) OF CPC, PRAYING TO SET ASIDE THE IMPUGNED AD INTERIM EX- PARTE ORDER DATED 16.11.2024 PASSED ON I.A.NO.1 IN O.S.NO.2039/2024 BY III ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU. 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. - 4 - HC-KAR CNR: KAHC010240802025 NC: 2026:KHC:46042 MFA No. 2660 of 2025 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; - 5 - HC-KAR CNR: KAHC010240802025 NC: 2026:KHC:46042 MFA No. 2660 of 2025 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 08.09.2026 without awaiting any further notice. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 14