- 1 - HC-KAR CNR: KAHC010481272025 NC: 2026:KHC:46098 MFA No. 5466 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. 5466 OF 2025 (CPC) BETWEEN: 1. SMT. RADHA @ RAVIYAMMA D/O. LATE VENKATASWAMAPPA AGED ABOUT 46 YEARS. 2. SMT. RENUKAMMA D/O. LATE VENKATASWAMAPPA AGED ABOUT 44 YEARS. 3. SMT. MANJULA D/O. LATE VENKATASWAMAPPA AGED ABOUT 41 YEARS. 4. SRI V.V. PRATAP S/O. LATE VENKATASWAMAPPA AGED ABOUT 39 YEARS. 5. SMT. V.V. RUKMINI D/O. LATE VENKATASWAMAPPA AGED ABOUT 34 YEARS. 6. SMT. V.V. RADHA D/O. LATE VENKATASWAMAPPA AGED ABOUT 41 YEARS. ALL ARE RESIDENTS OF VAGATA VILLAGE AND POST JADIGENAHALLI HOBLI HOSAKOTE TALUK - 562 114 BENGALURU RURAL DISTRICT. …APPELLANTS (BY SRI KUMARA SWAMY M.C., ADVOCATE) Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010481272025 NC: 2026:KHC:46098 MFA No. 5466 of 2025 AND: 1. SRI M. PRABHU S/O. LATE MUNIYAPPA @ DODDAMUNIYAPPA AGED ABOUT 54 YEARS R/O MAIN ROAD KURUDUSONNENAHALLI VIRGONAGAR POST BENGALURU EAST - 560 049. 2. SMT. VAJRAMMA D/O. LATE MUNIYAPPA @ DODDAMUNIYAPPA W/O. SURESH AGED ABOUT 49 YEARS R/AT NO.65/56, VIJINAPPA DOORAVANINAGAR BENGALURU - 560 016. 3. SMT. NAGAMMA D/O. LATE MUNIYAPPA ALIAS DODDAMUNIYAPPA W/O. RAJAPPA AGED ABOUT 45 YEARS. 4. SMT. SHANTHAMMA D/O. LATE MUNAIAH @ MUNIYAPPA ALIAS @ CHIKKAMUNIYAPPA AGED ABOUT 59 YEARS. 5. SMT. PAPAMMA D/O. LATE MUNAIAH @ MUNIYAPPA @ CHIKKAMUNIYAPPA AGED ABOUT 42 YEARS. RESPONDENTS 3 TO 5 ARE R/O. KURUDUSONNENAHALLI VIRGONAGAR POST - 3 - HC-KAR CNR: KAHC010481272025 NC: 2026:KHC:46098 MFA No. 5466 of 2025 BENGALURU EAST - 560 049. 6. SMT.M. PRAMEELA D/O. LATE MUNAIAH @ MUNIYAPPA @ CHIKKAMUNIYAPPA AGED ABOUT 39 YEARS R/AT NO. 10, 1ST CROSS, AMBEDKAR NAGARA, S.S.V.N SCHOOL GUDDAHATTI, NERALUR BENGALURU - 562 107. 7. SMT. YASHODAMMA D/O. LATE PULLAPPA @ CHIKKAPULLAPPA AGED ABOUT 42 YEARS 8. SRI MANJUNATH P. S/O. LATE PULLAPPA @ CHIKKAPULLAPPA AGED ABOUT 57 YEARS. RESPONDENTS 7 AND 8 ARE R/OF NO.39, DANDIGANAHALLI HAROHALLI, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 135. 9. SRI MUNIRAJU P. S/O. LATE PULLAPPA @ CHIKKAPULLAPPA AGED ABOUT 50 YEARS. 10. SMT. NIRMALA, D/O. LATE PULLAPPA @ CHIKKAPULLAPPA AGED ABOUT 46 YEARS. 11. SMT. CHAITHRA M. D/O. MANJUNATH P. AGED ABOUT 23 YEARS. - 4 - HC-KAR CNR: KAHC010481272025 NC: 2026:KHC:46098 MFA No. 5466 of 2025 12. SRI MONIK M. S/O. MANJUNATH P. AGED ABOUT 26 YEARS. 13. KRUTHIKA M. GOWDA D/O. P. MUNIRAJU AGED ABOUT 26 YEARS. RESPONDENTS 9 TO 13 R/AT NO.40/1B, KRUTHIKA NILAYA PULLAPPA COLONY YAMALURU MAIN ROAD VARTHUR HOBLI BENGALURU EAST TALUK - 560 037. 14. M/S. VIKYATH PROPERTIES PVT. LTD. A COMPANY INCORPORATED UNDER THE COMPANIES ACT, HAVING ITS OFFICE AT NO.2, VIKYATH IRIS BUILDING RELIANCE SMART BASEMENT KODIGEHALLI MAIN ROAD AYYAPPA NAGAR, K.R. PURAM BENGALURU - 560 036 REPRESENTED BY ITS DIRECTORS. 15. MR. SRIKANTH DODLA S/O. DODLA RAGHUPATHI NAIDU AGED ABOUT 45 YEARS DIRECTOR M/S. VIKYATH PROPERTIES PVT. LTD. 16. MRS. REKHA VULAVA, W/O. MR. SRIKANTH DODLA AGED ABOUT 43 YEARS DIRECTOR M/S. VIKYATH PROPERTIES PVT. LTD. 17. MR. BAISANI VENKATA SAI SRAVAN KUMAR S/O. BYSANI VENUGOPAL - 5 - HC-KAR CNR: KAHC010481272025 NC: 2026:KHC:46098 MFA No. 5466 of 2025 AGED ABOUT 33 YEARS. 18. MRS. SUMALATHA VISHWANATHA W/O. VENKATA KOTESWARA RAO VISWANATHA AGED ABOUT 42 YEARS. 19. MRS. MADDALI SUGUNA W/O. M.S. MALLIKARJUNA RAO AGED ABOUT 70 YEARS. 20. MR. ADDAGALLA NANDEESWARAIAH S/O. ADDAGALLA NANDAIAH AGED ABOUT 71 YEARS. 21. MR. SANNITHI RAVIKUMAR S/O. SANNATHI SRINIVASULU AGED ABOUT 48 YEARS. 22. MR. KARAPAKULA VENKATA MANIKANTA S/O. KARAPAKULA VENKATA KRISHNAIAH AGED ABOUT 33 YEARS. 23. MR. ANUMULA SANTHOSH KUMAR S/O. ANUMULA VENKAA NARAYANA AGED ABOUT 29 YEARS. 24. MRS. DESU CHANDANA W/O. GADAM KIRAN KUMAR AGED ABOUT 33 YEARS. 25. MRS. BONTHALA NAGARATNAMMA W/O. BONTHALA PULLAIAH AGED ABOUT 62 YEARS. 26. MR. SATYA SAI SAGAR K. S/O. GANGULAPPA K. AGED ABOUT 37 YEARS. 27. MR. CHATAKONDA PRANEETH - 6 - HC-KAR CNR: KAHC010481272025 NC: 2026:KHC:46098 MFA No. 5466 of 2025 S/O CHATAKONDA GURUVAIAH AGED ABOUT 29 YEARS 28. MR. DASARI BHARATH REDDY S/O. DASARI SIVAPRASAD REDDY AGED ABOUT 30 YEARS. 29. MR. MOOLA RAJESWARA REDDY S/O. MOOLA ESWARA REDDY AGED ABOUT 38 YEARS REP. BY HIS GPA HOLDER MOOLA CHANDRASHEKAR REDDY RESPONDENTS 15 TO 29 ARE AVAILABLE AT SITE NO.2, NO.2 VIKYATH IRIS BUILDING RELIANCE SMART BASEMENT KODIGEHALLI MAIN ROAD AYYAPPA NAGAR, K.R. PURAM BENGALURU - 560 036. 30. MR. MOOLA CHANDRASEKHARA REDDY S/O. MOOLA ESWARA REDDY AGED ABOUT 35 YEARS R/AT NO.45, 8TH CROSS, 4TH MAIN SIR M.V. NAGAR, RAMAMURTHYNAGAR BENGALURU - 560 016. 31. MR. VENKATA RAMANA PATAKOTA S/O. P. NARASIMHULU AGED ABOUT 40 YEARS REP. BY HIS G.P.A. HOLDER MR. SRINIVAS V. SITE NO.2, NO.2, VIKYATH IRIS BUILDING RELIANCE SMART BASEMENT KODIGEHALLI MAIN ROAD AYYAPPA NAGAR, K.R. PURAM BENGALURU - 560 036. 32. MR. SRINIVAS V. S/O. P.R. VISHWANATH - 7 - HC-KAR CNR: KAHC010481272025 NC: 2026:KHC:46098 MFA No. 5466 of 2025 AGED ABOUT 32 YEARS R/AT NO.208, 2ND FLOOR VIKYATH ROYAL, BHETHAL NAGAR 1ST MAIN ROAD, AYYAPPA NAGAR K.R. PURAM, BENGALURU - 560 036. 33. MR. P.V. SRIDHAR S/O. P.R. VISHWANATH AGED ABOUT 50 YEARS REP. BY HIS G.P.A. HOLDER MRS. SUMALATHA VISWANATHA NO.2, VIKYATH IRIS BUILDING RELIANCE SMART BASEMENT KODIGEHALLI MAIN ROAD AYYAPPA NAGAR, K.R. PURAM BENGALURU - 560 036. 34. MRS. SUMALATHA VISWANATHA W/O. VENKATA KOTESWARA RAO VISWANATHA AGED ABOUT 42 YEARS R/AT NO.45, 8TH CROSS, 4TH MAIN SIR M.V. NAGAR, RAMAMURTHYNAGAR BENGALURU - 560 016. 35. MRS. GARUDADRI AMRUTHA LAKSHMI W/O. M.K. KISHORE KUMAR AGED ABOUT 42 YEARS. 36. MR. SIVA KUMAR BADE S/O. APPALA NAIDU BADE AGED ABOUT 44 YEARS. 37. MRS. K. VARALAKSHMI W/O. K. VENKATESWARA RAO AGED ABOUT 53 YEARS. 38. MR. SOMASEKHAR PEMMASANI S/O. P.R. RAMA NAIDU AGED ABOUT 43 YEARS. - 8 - HC-KAR CNR: KAHC010481272025 NC: 2026:KHC:46098 MFA No. 5466 of 2025 39. MRS. ALLA SARANYA W/O. ALLA SATHEESH KUMAR AGED ABOUT 31 YEARS. 40. MR. KONDA SRIDHAR S/O. CHINNAKOTI REDDY AGED ABOUT 49 YEARS. 41. MR. N. VENKATESHWARA RAO S/O. THATHARAO AGED ABOUT 59 YEARS. 42. MR. DASARADHA RAMI REDDY BOREDDY S/O. NAGIREDDY BOREDDY AGED ABOUT 49 YEARS. 43. MR. SRINIVASA KUMAR VADAKATTU S/O. VENKATESWARLU AGED ABOUT 45 YEARS. 44. MRS. MANCHIKANTI JYOTHI W/O. MANCHIKANTI MAHESH AGED ABOUT 39 YEARS. 45. MRS. MANCHIKANTI MOULYA LAKSHMI W/O. MANCHIKANTI MALYADRI AGED ABOUT 32 YEARS. 46. MRS. SANDHYA MOORAKA W/O. HARSHAVARDHAN REDDY AGED ABOUT 38 YEARS. 47. MR. N. VENKATA SUNIL KISHORE S/O. N. APPALA RAJU AGED ABOUT 41 YEARS. 48. MR. PARA VENKATARAO S/O. PARA NARASIMHARAO AGED ABOUT 38 YEARS. - 9 - HC-KAR CNR: KAHC010481272025 NC: 2026:KHC:46098 MFA No. 5466 of 2025 49. MR. SUNEELU NUNNA S/O. R.K.A. SUBRAMANYAM NUNNA AGED ABOUT 48 YEARS. 50. MR. VINOD BABU ANNANGI S/O. RAMA RAO AGED ABOUT 39 YEARS. 51. MRS. N. MADHAVILATHA @ B.V. MADHAVI LATHA W/O. B.VENKATA KRISHNA REDDY AGED ABOUT 39 YEARS. 52. MRS. G. ANITHA PRASAD W/O. G.R.L. PRASAD AGED ABOUT 44 YEARS. 53. MRS. YENKULA JAYAMMA W/O. SUBBAREDDY AGED ABOUT 70 YEARS. 54. MRS. TELLAKULA INDRAVATHI W/O. JAGADEESH KUMAR TELLAKULA AGED ABOUT 39 YEARS. 55. MR. TELLAKULA JAGADEESH KUMAR S/O. TELLAKULA SRINIVAS RAO AGED ABOUT 42 YEARS. 56. MRS. CHERUKURI SRILALITHA W/O. CHENNA SIVA RAMAKRISHNA AGED ABOUT 38 YEARS. 57. MR. NELIN BABU YARLAGADDA S/O. VEEREULLU YARLAGADDA AGED ABOUT 36 YEARS REP. BY HIS GPA HOLDER V KIRAN KUMAR. 58. V. KIRAN KUMAR - 10 - HC-KAR CNR: KAHC010481272025 NC: 2026:KHC:46098 MFA No. 5466 of 2025 S/O. V. CHENGARAYA NAIDU AGED ABOUT 47 YEARS R/AT NO 407, VIKYATH SPRING 5TH CROSS RIGHT, ALFA GARDEN KODIGEHALLI MAIN ROAD K.R. PURAM, BENGALURU - 560 036. 59. MR. M.K. ABHINAV KOUSHIK S/O. M.V. MURALI SUDNAR RAO AGED ABOUT 22 YEARS. 60. MR. RAVIMANCHU S/O. VENKATAKRISHNAIAH MANCHU AGED ABOUT 41 YEARS REP. BY GPA HOLDER SRI VENKATA KRISHNAIAH MANCHU. RESPONDENTS 59 AND 60 ARE AVAILABLE AT SITE NO.2, NO.2 VIKYATH IRS BUILDING RELAINCE SMART BASEMENT KODGEHALLIMAIN ROAD AYYAPA NAGAR, K.R. PURAM BENGALURU - 560 036. 61. MR. VENKATA KRISHNAIAH MANCHU S/O. NOT KNOWN TO THE APPELANTS AGE MAJOR, R/AT NO. 501 VIKAYT MANOR, 4TH CROSS LEFT ALFA GARDEN, KODIGEHALLI MAIN ROAD K.R. PURAM, BENGALURU - 560 036. 62. MR. CHERUKURI SANDHYA W/O. B.M.S RAJEEV GUPTA AGED ABOUT 34 YEARS SITE NO.2, NO.2, VIKYATH IRIS BUILDNG RELAINCE SMART BASEMENT KODIGEHALLI MAIN ROAD AYYAPA NAGARA, K.R. PURAM BENGALURU - 560 036. - 11 - HC-KAR CNR: KAHC010481272025 NC: 2026:KHC:46098 MFA No. 5466 of 2025 63. BAJAJ FINSERV LTD. REPRESENTED BY ITS CHIARMAN. 64. BAJAJ FINSERV LTD. REPRESENTED BY ITS MANAGING DIRECTOR. RESPONDENTS 63 AND 64 ARE HAVING THEIR CORPORATE OFFICE AT 4TH FLOOR OFF PUNE-AHMEDNAGAR ROAD VIMAN NAGAR, PUNE - 411 014 MAHARASHTRA STATE. 65. ADITYA BIRLA HOUSING FINANCE LTD. REPRESENTED BY ITS CHAIRMAN. 66. ADITYA BIRLA HOUSING FINANCE LTD. REPRESENTED BY ITS MANAGING DIRECTOR AND CHIEF EXECUTIVE OFFICER. RESPONDENTS 65 AND 66 ARE HAVING THEIR HEAD OFFICE AT 15TH FLOOR, R TECH PARK NIRLON COMPLEX WESTERN EXPRESS HIGHWAY, GOREGAON EAST, MUMBAI - 400 006. …RESPONDENTS (BY SRI S.V. MANJUNATHA, ADVOCATE FOR R14 TO R62; SRI FRANCIS XAVIER, ADVOCATE FOR R63 AND R64; SRI VIGNESH SHETTY, ADVOCATE FOR R65 AND R66) THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) OF CPC, AGAINST THE ORDER DATED 26.06.2025 PASSED ON I.A.NO.1 IN O.S.NO.213/2025 BY I ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 12 - HC-KAR CNR: KAHC010481272025 NC: 2026:KHC:46098 MFA No. 5466 of 2025 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. 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 - 13 - HC-KAR CNR: KAHC010481272025 NC: 2026:KHC:46098 MFA No. 5466 of 2025 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 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 16.09.2026 without awaiting any further notice. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 15