- 1 - HC-KAR CNR: KAHC010095122025 NC: 2026:KHC:45739 MFA No. 1120 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. 1120 OF 2025 (CPC) BETWEEN: 1. SRI HIRIYANA GOWDA AGED ABOUT 70 YEARS, S/O LATE DODDE GOWDA, R/ MACHANAHALLI VILLAGE, SOMPURA HOBLI, NELAMANGALA TQ, BENGALURU RURAL DIST. 2. SMT LAKSHMIDEVI AGED ABOUT 66 YEARS D/O LATE.DODDE GOWDA W/O RAMAIAH R/A MADALAKOTE VILLAGE KASABA HOBLI, NELAMANAGALA TQ BENGALURURU RURAL DIST-562111 …APPELLANTS (BY SRI. NAGESH S.,ADVOCATE) AND: 1. SMT RANGAMMA AGED ABOUT 72 YEARS, W/O LATE RAMABYREGOWDA, R/A MACHANAHALLI VILLAGE, BILLINAKOTE POST, SOMPURA HOBLI, NELAMANGALA TQ, BENGALURU RURAL 562111. Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010095122025 NC: 2026:KHC:45739 MFA No. 1120 of 2025 2. SRI.HARISHGOWDA@HANUMEGOWDA AGED ABOUT 60 YEARS S/O LATE RAMABYREGOWDA C/O LAKSHMANAIAH R/A JYOTHI NILAYA, 3RD MAIN, 2ND CROSS, VIJAYANAGARA, BENGALURU 3. SMT.THIMMARAJAMMMA AGED ABOUT 55 YEARS D/O LATE.RAMABYREGODA, W/O GARUDOJI R/A HARIHARA NILAYA, GOKULA EXTN 60 FT ROAD, 5TH CROSS, TUMKURU TOWN AND DIST 4. SRI.SOMESHWARA AGED ABOUT 52 YEARS S/O LATE.RAMABYREGOWDA C/O MANJUNATH BELLIMANE, MANJUNATHANAGARA 60 FT ROAD, BATAWADE, 2ND CROSS, GOKULA LAYOUT, TUMKURU TOWN AND DIST 5. SMT.SUNANDAMMA AGED ABOUT 65 YEARS W/O LATE.RAJANNA R/A MACHANAHALLI VILLAGE, BILLINAKOTE POST SOMPURA HOBLI, NELAMANAGALA TQ BENGALURURU RURAL DIST-562111 - 3 - HC-KAR CNR: KAHC010095122025 NC: 2026:KHC:45739 MFA No. 1120 of 2025 6. SMT.SHASHIKALA AGED ABOUT 44 YEARS S/O LATE.RAJANNA W/O SHANNNNKARA MURTHY R/A NO.38, S.K.RANAGADHAMAIAH ROAD YOGINARAYANA LAYOUT, 4TH CROSS T.B..CIRCLE, DODDABALLAPURA TOWN AND TQ BENGALURU RURAL DIST - 7. SMT.SUDHARANI AGED ABOUT 43 YEARS W/O RAVIKUMAR R/A NO. S.K. RANAGADHAMAIAH ROAD YOGINARAYANA LAYOUT, 4TH CROSS T.B..CIRCLE, DODDABALLAPURA TOWN AND TQ BENGALURU RURAL DIST- 8. SRI.DINESH.R AGED ABOUT 38 YEARS LATE.RAJANNA R/A MACHANAHALLI VILLAGE, BILLINAKOTE POST SOMPURA HOBLI, NELAMANAGALA TQ BENGALURURU RURAL DIST-562111 9. THE SPECIAL LAND ACQUISITION OFFICER-2 KIADB(BMICP) AND BENGALURU RURAL NRUPATHUNGA ROAD, BENGALURU-01 …RESPONDENTS (BY SRI. NARASIMHARAJU.,ADVOCATE FOR R1 TO R8) (BY SRI.LIKITH R.P. FOR R9) - 4 - HC-KAR CNR: KAHC010095122025 NC: 2026:KHC:45739 MFA No. 1120 of 2025 THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 29.1.2025 PASSED ON I.A. NO.3 IN O.S.NO. 717/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C. NELAMANGALA, DISMISSING THE I.A. NO.III FILED UNDER ORDER XXXIX RULE 1 AND 2 OF CPC. 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 July, 2026, which is affirmed by the Hon'ble Supreme Court in SLP(c) No.025075/2026 dated 3.8.2026. - 5 - HC-KAR CNR: KAHC010095122025 NC: 2026:KHC:45739 MFA No. 1120 of 2025 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 the learned Judge of the concerned Appellate Court, in accordance with law. - 6 - HC-KAR CNR: KAHC010095122025 NC: 2026:KHC:45739 MFA No. 1120 of 2025 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. vi) As an interim order is granted 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.: 27