- 1 - HC-KAR CNR: KAHC010093202025 NC: 2026:KHC:45731 MFA No. 1083 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 1083 OF 2025 (CPC) BETWEEN: 1. SRI KAUSHIK RAJU AGED ABOUT 36 YEARS, S/O. SUNDER RAJU R/O. NO. 294, UPPER PALACE ORCHARDS, BENGALURU - 560 080 2. SRI. PUNEET KINRA, AGED ABOUT 51 YEARS, S/O. LATE RAJKUMAR KINRA, R/O. NO. 602, BRIGADE MAYFAIR CAMBRIDGE ROAD, ULSOOR, BENGALURU - 560 008. …APPELLANTS (BY SRI. YADHU THAMPI.,ADVOCATE) AND: 1. SRI DILIP B PRIGAL AGED ABOUT 54 YEARS, S/O. B. D. PIRGAL, R/O. NO. 24, KILLARI ROAD, BENGALURU - 560 053 Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010093202025 NC: 2026:KHC:45731 MFA No. 1083 of 2025 2. MS. RIGU BANSAL, AGED ABOUT 49 YEARS, D/O. SHRI. HUKUM CHAND BANSAL, R/O. HOUSE NO. 9, BLOCK - C, CHANDRALOK COLONY, MANDI GOBINDGARH, DIST FATEHGARH SAHIB, PUNJAB - 147 301. 3. M/S. REDDY VEERANNA CONSTRUCTION PVT. LTD. A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956. HAVING ITS OFFICE AT NO. 9/1, CLASSIC COURT, 2ND FLOOR, RICHMOND ROAD, BENGALURU -560 025. REPRESENTED BY ITS AUTHORIZED SIGNATORY SRI ABHIRAM PARVATHANENI, AGED ABOUT 38 YEARS, S/O. MR. SANTHI KISHORE 4. M/S. MALAXMI DEVELOPERS PVT. LTD. HAVING ITS REGISTERED OFFICE AT, MALAXMI COURTYARD, SURVEY NO. 157, KHAJAGUDA VILLAGE, CHITRAPURI COLONY POST, HYDERABAD, TELENGANA - 500 104. REPRESENTED BY ITS DIRECTOR, SRI. SANDEEP MANDAVA, AGED ABOUT MAJOR, S/O. SRI. LATE M. CHAKRAPANI 5. SRI. GAURAV BHANDARI AGED MAJOR, S/O. SHRI. U. C. BHANDRY, NO. 17, 4TH FLOOR, SHAH SULTAN COMPLEX, CUNNINGHAM ROAD, BENGALURU 560 052. - 3 - HC-KAR CNR: KAHC010093202025 NC: 2026:KHC:45731 MFA No. 1083 of 2025 6. SRI. AMIT O. POOJARI, AGED MAJOR, S/O MR. POOJARI, RESIDING AT 9/9, 59TH CROSS, 5TH BLOCK, RAJAJINAGAR, BENGALURU - 560 010. …RESPONDENTS (BY SRI. VAGEESHA N.,ADVOCATE FOR R1) (BY SRI.V.RAVIPRAKASH FOR C/R3) THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 04.02.2025 PASSED ON I.A.NO.1 AND 2 IN OS.NO.1056/2024 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, JMFC, DEVANAHALLI, REJECTING THE IA NO.1 AND 2 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC. 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 - 4 - HC-KAR CNR: KAHC010093202025 NC: 2026:KHC:45731 MFA No. 1083 of 2025 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: 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. - 5 - HC-KAR CNR: KAHC010093202025 NC: 2026:KHC:45731 MFA No. 1083 of 2025 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 appellants and learned counsel for the respondents are present. Hence, the parties shall appear before the learned District Judge on 21.09.2026 without awaiting further notice. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 5