Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010195522026 NC: 2026:KHC:46006 MFA No. 2023 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 2023 OF 2026 (CPC) BETWEEN:
1.
SRI M. MURALI S/O M. MUNIYAPPA AGED ABOUT 52 YEARS R/O. NO.21, 1ST MAIN ROAD PALACE GUTTAHALLI NEAR MALLESHWARAM BENGALURU - 560 003. …APPELLANT (BY SRI JAI PRAKASH REDDY M., ADVOCATE)
AND:
1.
SRI SHIVAKUMAR G.
S/O. GOPALAPPA AGED ABOUT 47 YEARS R/AT NO.S-01, LOKESH HOMES 6TH CROSS, 13TH MAIN NEAR MASJID LEELA PALACE ROAD HAL KODIHALLI BENGALURU - 560 008.
ALSO PERMANENT R/O.
ITTASANDRA VILLAGE NANDAGUDI HOBLI HOSKOTE TALUK - 562 122 BENGALURU RURAL DISTRICT.
2.
KODANDA K.
S/O. KRISHNAPPA AGED ABOUT 57 YEARS
Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010195522026 NC: 2026:KHC:46006 MFA No. 2023 of 2026
R/O. NO.242, VISHVESHWARAIAH MAIN ROAD, 2ND A CROSS CAUVERY NADI ROAD SEETHA CIRCLE, GIRINAGARA BENGALURU - 560 085.
3.
SRI MUNINDRA P M.
S/O. MUNIRAJAPPA AGED ABOUT 26 YEARS R/O. PALANAHALLI VILLAGE CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK - 562 135 BENGALURU RURAL DISTRICT. …RESPONDENTS (BY SRI N. SHIVAKUMAR, ADVOCATE FOR C/R1)
THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 02.03.2026 PASSED ON I.A.NO.I IN OS.NO.894/2023 BY THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI.
THIS APPEAL, COMING ON FOR ADMISSION, 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
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HC-KAR
CNR: KAHC010195522026 NC: 2026:KHC:46006 MFA No. 2023 of 2026
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
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HC-KAR
CNR: KAHC010195522026 NC: 2026:KHC:46006 MFA No. 2023 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 17.09.2026 without awaiting any further notice.
Sd/- (PRADEEP SINGH YERUR) JUDGE
CPN List No.: 1 Sl No.: 31