Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 36849 (KAR)

SMT PARVATHAMMA v. M/S INDO AMERICAN HYBRID SEEDS INDIA PRIVATE LIMITED

MFA/2293/2025 · 2026-08-19

Pradeep Singh Yerur

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010460232025 NC: 2026:KHC:44686 MFA No. 5240 of 2025 C/W MFA No. 2293 of 2025 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. 5240 OF 2025 (CPC) C/W MISCELLANEOUS FIRST APPEAL NO. 2293 OF 2025 IN MFA No. 5240/2025 BETWEEN: SMT. PARVATHAMMA, D/O. LATE DEVAIAH, AGED ABOUT 69 YEARS, R/AT: SESHAGIRIPURA VILLAGE, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK BENGALURU RURAL DISTRICT. …APPELLANT (BY SRI. THIMMAIAH K.H., ADVOCATE) AND: 1. M/S. INDO AMERICAN HYBRID SEEDS INDIA PRIVATE LIMITED REP. BY ITS MANAGING DIRECTOR, OFFICE SITUATED AT: CHANNASANDRA VILLAGE, UTTARAHALLI VILLAGE , BENGALURU SOUTH TALUK. 2. SRI. SANTHOSH ATTAVAR S/O. LATE DR. MANMOHAN ATTAVAR, AGED ABOUT 50 YEARS, R/AT NO.580, 10TH CROSS, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010460232025 NC: 2026:KHC:44686 MFA No. 5240 of 2025 C/W MFA No. 2293 of 2025 2ND MAIN, 3RD PHASE, J.P. NAGAR, BENGALURU-560 078. 3. SMT.JANERUHUMA RASHMI ATTAVAR D/O. LATE DR.MANMOHAN ATTAVAR, AGED ABOUT 52 YEARS, R/AT NO.38/1, 30TH CROSS, 3RD MAIN ROAD, 7TH BLOCK, JAYANAGAR, BENGALURU-560 082. 4. SMT. JAYAMMA, W/O. LATE DYAVAIAH, AGED ABOUT 73 YEARS, 5. SMT. GOWRAMMA, D/O. LATE DYAVAIAH, AGED ABOUT 35 YEARS, 6. SMT. JAYAMMA, W/O. LATE AYANNA, AGED ABOUT 53 YEARS, RESPONDENT NOS.4 TO 6 ARE RESIDING AT: SHESHAGIRIPURA, RAMOHALLI POST, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK, 7. SMT.JAYAMMA, W/O. LATE AYANNA, AGED ABOUT 52 YEARS, R/AT NO.1153/A, 6TH MAIN, 3RD CROSS, KENGERI UPANAGARA, BENGALURU-560 060. 8. SMT. SHOBHA, W/O. LATE AYANNA, AGED ABOUT 33 YEARS, - 3 - HC-KAR CNR: KAHC010460232025 NC: 2026:KHC:44686 MFA No. 5240 of 2025 C/W MFA No. 2293 of 2025 R/AT NO.46, HARALIMARA TALAKUPPE, SHANUMANGALA, RAMANAGARA-562 109. 9. SRI. KUMAR.A, S/O. LATE AYANNA, AGED ABOUT 29 YEARS, R/AT NO.1153/A, 6TH MAIN, 3RD CROSS, KENGERI UPANAGARA, BENGALURU-560 060. 10. SRI. MANJUNATH.A, S/O. LATE AYANNA, AGED ABOUT 39 YEARS, R/AT NO.1153/A, 6TH MAIN, 3RD CROSS, KENGERI UPANAGARA, BENGALURU-560 060. …RESPONDENTS (BY SRI. ANIL KUMAR A & S. SHEKER SHETTY., ADV. FOR R1 TO R3; NOTICE TO R4 TO R10 IS D/W V/O DTD. 25.09.2025) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT. 15.04.2025 PASSED ON IA NO.2 IN O.S.NO.175/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MAGADI, REJECTING THE IA.NO. 2 FILED U/O.39 RULE 1 AND 2 OF CPC. IN MFA NO. 2293/2025 BETWEEN: SMT PARVATHAMMA D/O. LATE DYAVAIAH, AGED ABOUT 69 YEARS, AT SESHAGIRIPURA VILLAGE, TAVAREKERE HOBLI, - 4 - HC-KAR CNR: KAHC010460232025 NC: 2026:KHC:44686 MFA No. 5240 of 2025 C/W MFA No. 2293 of 2025 BENGALURU SOUTH TALUK, BENGALURU RURAL DISTRICT-562 130. ...APPELLANT (BY SRI. THIMMAIAH K H.,ADVOCATE) AND: 1. M/S INDO AMERICAN HYBRID SEEDS INDIA PRIVATE LIMITED, REP. BY ITS MANAGING DIRECTOR, OFFICE SITUATED AT CHANNASANDRA VILLAGE, UTTARAHALLI VILLAGE, BENGALURU SOUTH TALUK 560 061. 2. SRI. SANTHOSH ATTAVAR S/O. LATE DR. MANMOHAN ATTAVAR, AGED ABOUT 50 YEARS, R/AT NO.580, 10TH CROSS, 2ND MAIN, 3RD PHASE, J.P. NAGAR, BENGALURU-560 078. 3. SMT. JANERUHUMA RASHMI ATTAVAR D/O. LATE DR.MANMOHAN ATTAVAR, AGED ABOUT 52 YEARS, R/AT NO.38/1, 30TH CROSS, 3RD MAIN ROAD, 7TH BLOCK, JAYANAGAR, BENGALURU-560 082. 4. SMT. JAYAMMA W/O. LATE DYAVAIAH, AGED ABOUT 73 YEARS, 5. SMT.GOWRAMMA D/O. LATE DYAVAIAH, AGED ABOUT 35 YEARS, - 5 - HC-KAR CNR: KAHC010460232025 NC: 2026:KHC:44686 MFA No. 5240 of 2025 C/W MFA No. 2293 of 2025 6. SMT.JAYAMMA W/O. LATE AYANNA, AGED ABOUT 53 YEARS, RESPONDENT NOS.4 TO 6 ARE RESIDING AT SHESHAGIRIPURA, RAMOHALLI POST, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK 562 130. 7. SMT.JAYAMMA W/O. LATE AYANNA, AGED ABOUT 52 YEARS, R/AT NO.1153/A, 6TH MAIN 3RD CROSS, KENGERI UPANAGARA, BENGALURU-560 060. 8. SMT. SHOBHA W/O. LATE AYANNA, AGED ABOUT 33 YEARS, R/AT NO.46, HARALIMARA TALAKUPPE, SHANUMANGALA, RAMANAGARA-562 109. 9. SRI. KUMAR.A S/O. LATE AYANNA, AGED ABOUT 29 YEARS, R/AT NO.1153/A, 6TH MAIN, 3RD CROSS, KENGERI UPANAGARA, BENGALURU-560 060. 10. SRI. MANJUNATH.A. S/O. LATE AYANNA, AGED ABOUT 39 YEARS, R/AT NO.1153/A, 6TH MAIN 3RD CROSS, KENGERI UPANAGARA, BENGALURU-560 060 ...RESPONDENTS (BY SRI. S. SHEKER SHETTY., ADV. FOR R1 & R2; NOTICE TO R3 IS H/S, V/O DTD. 25.09.2025; - 6 - HC-KAR CNR: KAHC010460232025 NC: 2026:KHC:44686 MFA No. 5240 of 2025 C/W MFA No. 2293 of 2025 NOTICE TO R6, 9 & 10 IS D/W. V/O DTD. 25.09.2025. R4, R5, R7 & R8 ARE SERVED AND UNREP.) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.06.02.2025 PASSED ON IA NO.1 IN O.S.NO.175/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MAGADI, REJECTING IA NO.1 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT These appeals 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 these matters to the concerned - 7 - HC-KAR CNR: KAHC010460232025 NC: 2026:KHC:44686 MFA No. 5240 of 2025 C/W MFA No. 2293 of 2025 District Court for adjudication of the matters from the stage where it is stopped. 3. Accordingly, I pass the following: O R D E R i) Appeals 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 - 8 - HC-KAR CNR: KAHC010460232025 NC: 2026:KHC:44686 MFA No. 5240 of 2025 C/W MFA No. 2293 of 2025 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 15.09.2026 without awaiting further notice. vi) As an interim order is granted in MFA.No.5240/2025 by this Court, the same shall continue till disposal of the application before the District Court. No opinion is expressed by this Court. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 29