- 1 - HC-KAR CNR: KAHC010503992026 NC: 2026:KHC:45674 MFA No. 5459 of 2026 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.5459 OF 2026 (CPC) BETWEEN: SMT. T. LAKSHMAMMA D/O. LATE THIMMARAYAPPA W/O. LATE C. CHOWDAREDDY AGED ABOUT 68 YEARS R/AT NO.59, CHOWDESHWARI NILAYA KADA AGRAHARA VILLAGE SARJAPURA HOBLI ANEKAL TALUK BENGALURU - 562 125. …APPELLANT (BY SRI AKASH V.T., ADVOCATE) AND: 1. SMT. AMMAYAMMA @ JAYAMMA D/O. LATE THIMMARAYAPPA W/O. LATE VENKATARAMANAREDDY AGED ABOUT 74 YEARS R/O. KACHAMARANAHALLI VILLAGE VARTHUR HOBLI BENGALURU EAST TALUK BENGALURU - 560 087. 2. SRI T. RAMESH S/O. LATE THIMMARAYAPPA AGED ABOUT 63 YEARS. 3. SRI R. KRISHNA S/O. T. RAMESH AGED ABOUT 36 YEARS. Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010503992026 NC: 2026:KHC:45674 MFA No. 5459 of 2026 4. SRI R. BHARATH S/O. T. RAMESH AGED ABOUT 34 YEARS. DEFENDANTS 2 TO 4 ARE R/O. R. R. FARM KODATHI VILLAGE ROAD VARTHUR HOBLI BENGALURU EAST TALUK BENGALURU - 560 035. 5. SRI M. T. VENKATESH S/O. LATE THIMMARAYAPPA AGED ABOUT 58 YEARS. 6. SMT. V. GIRJA W/O. M.T. VENKATESH AGED ABOUT 53 YEARS. 7. SRI V. VINAY S/O. M. T. VENKATESH AGED ABOUT 34 YEARS. 8. SMT. V. AKSHATHA D/O. M. T. VENKATESH AGED ABOUT 30 YEARS. DEFENDANTS 5 TO 8 ARE R/O. MULLUR VILLAGE VARTHUR HOBLI BENGALURU EAST TALUK BENGALURU -560 035. 9. SRI PREM KUMAR S/O. VENKATARAMANAPPA AGED ABOUT 56 YEARS R/O. MULLUR VILLAGE VARTHUR HOBLI BENGALURU EAST TALUK BENGALURU - 560 035. - 3 - HC-KAR CNR: KAHC010503992026 NC: 2026:KHC:45674 MFA No. 5459 of 2026 10. SRI DISHANK V. AGED ABOUT 35 YEARS S/O. B. K. VENUGOPAL REDDY R/AT NO.496, 4TH CROSS BELLANDUR VILLAGE AND POST BENGALURU -560 103. 11. SRI ANANDA REDDY K. S/O. SRI B. N. KRISHNAREDDY AGED ABOUT 60 YEARS R/AT NO.495, 4TH CROSS BANDE MAHAKALAMMA TEMPLE BELLANDUR VILLAGE AND POST BENGALURU - 560 103. 12. SRI LAKSHMAIAH REDDY S/O. SRI YELLAPPA REDDY AGED ABOUT 68 YEARS R/AT NO.150/3, 13TH CROSS VENKATAPURA BENGALURU - 560 034. 13. SRI ANIL PAL S/O. ROOPSINGH PAL AGED ABOUT 40 YEARS R/AT NO.1728, 19TH MAIN 27TH CROSS, NEAR INDIAN OIL PETROL BUNK, NEAR HSR LAYOUT SECTOR 2 BENGALURU - 560 012. 14. SRI SRI RAVISHANKAR VIDYAMANDIR TRUST REPRESENTED BY ITS AUTHORIZED SIGNATORY SRI SHRAVAN PHARATHULWAR NO.1897-A, 1ST FLOOR 26TH MAIN, NEAR RAGI GUDDA TEMPLE SOUTH END CIRCLE - 4 - HC-KAR CNR: KAHC010503992026 NC: 2026:KHC:45674 MFA No. 5459 of 2026 9TH BLOCK, JAYANAGAR BENGALURU – 560 078. 15. SRI DHARMENDRA KUMAR SHARMA S/O. RAMGOPAL SHARMA AGED ABOUT 54 YEARS R/AT NO.001, 245, EDEN HALL DEFENCE COLONY, 80 FT ROAD INDIRANAGAR BENGALURU - 560 038. …RESPONDENTS THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 10.04.2026 PASSED ON I.A.NO.6 IN O.S.NO.1535/2025 BY IV ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU AND ETC. 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 - 5 - HC-KAR CNR: KAHC010503992026 NC: 2026:KHC:45674 MFA No. 5459 of 2026 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; iii) In case there are pending applications, the same also be transferred to be considered by - 6 - HC-KAR CNR: KAHC010503992026 NC: 2026:KHC:45674 MFA No. 5459 of 2026 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 District Judge on 09.09.2026 without awaiting any further notice. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 22