- 1 - HC-KAR CNR: KAHC010532192026 NC: 2026:KHC:46003 MFA No. 5770 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. 5770 OF 2026 (CPC) BETWEEN: 1. SRI T. SHANTHARAJU S/O. LATE T. DASAPPA AGED ABOUT 62 YEARS R/AT NO.16/7 MEENAKSHI LAYOUT BANNERGHATTA ROAD GOTTIGERE POST BENGALURU - 560 076. 2. SRI P. MANJUNATH S/O. LATE PAPAIAH AGED ABOUT 55 YEARS R/AT NO.16/7 MEENAKSHI LAYOUT BANNERGHATTA ROAD GOTTIGERE POST BENGALURU - 560 076. 3. SRI S. PRADEEP S/O. T. SHANTHARAJU AGED ABOUT 39 YEARS R/AT NO.16/7 MEENAKSHI LAYOUT BANNERGHATTA ROAD GOTTIGERE POST BENGALURU - 560 076. …APPELLANTS (BY SRI MANASA B. RAO, ADVOCATE) Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010532192026 NC: 2026:KHC:46003 MFA No. 5770 of 2026 AND: 1. SRI INDUSEKHAR S. S/O. LATE SANGANAKAL SARANAPPA AGED ABOUT 69 YEARS R/AT ROCK BUNGALOW MAIN ROAD PARVATHINAGAR, BALLARI - 583 101. 2. SRI M. NAGARAJ S/O. VEERABHADRAPPA R/AT BASAVA NILAYA PLOT NO.32, 3RD CROSS BANK COLONY, SHASTRINAGAR W.NO.35, BALLARI - 583 101. 3. SRI M. VISWANATH S/O. LATE MAHESWARAPPA R/AT VALLEY VIEW ESTATE KOTEMALLUR, BELEMALLUR POST HONNALLI TQ, DAVANAGERE. 4. SMT. R. SULOCHANA W/O. LATE RANGASWAMY R/AT 27/1, CUBBONPET MAIN ROAD BENGALURU - 560 002. 5. SRI R. RAVI KUMAR S/O. LATE N. RANGASWAMY R/AT 27/1, CUBBONPET MAIN ROAD BENGALURU - 560 002. 6. SRI R. UDAY KUMAR S/O. LATE N. RANGASWAMY R/AT 27/1, CUBBONPET MAIN ROAD BENGALURU - 560 002. 7. SMT RAJALAKSHMI W/O. LATE B.S.GOPALKRISHNA R/AT MADIKERE TOWN - 3 - HC-KAR CNR: KAHC010532192026 NC: 2026:KHC:46003 MFA No. 5770 of 2026 SHAKTI DAILY NEWSPAPER KODAGU DISTRICT. 8. SRI G. RAJENDRA S/O. LATE B.S. GOPALAKRISHNA R/AT MADIKERE TOWN SHAKTI DAILY NEWSPAPER KODAGU DISTRICT. 9. SRI G. ANANTHASHAYANA S/O. LATE B.S. GOPALAKRISHNA R/AT MADIKERE TOWN SHAKTI DAILY NEWSPAPER KODAGU DISTRICT. 10. SRI CHIDVILAS S/O. LATE B.S. GOPALKRISHNA, R/AT MADIKERE TOWN, SHAKTI DAILY NEWSPAPER, KODAGU DISTRICT. 11. SRI GAYATHRI S. RAO W/O. SRIPATHI RAO D/O. LATE B.S.GOPALAKRISHNA R/O. G-2, RAMAPRIYA RESIDENCY NO.15/1, 4TH MODEL HOUSE STREET BASAVANAGUDI BENGALURU - 560 004. 12. SMT. ASHA HEGDE W/O. LATE NARASIMHA HEGDE D/O. LATE B.S. GOPALAKRISHNA R/AT "CHAITHANYA" 1557, 7TH C CROSS ROAD 7TH MAIN ROAD KENGERI SATELLITE TOWN BENGALURU- 560 060. …RESPONDENTS - 4 - HC-KAR CNR: KAHC010532192026 NC: 2026:KHC:46003 MFA No. 5770 of 2026 THIS MFA IS FILED UNDER ORDER XLIII RULE 1(W) OF CPC, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 09.07.2026 PASSED IN REVIEW PETITION NO.1/2025 BY THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, ANEKAL AND CONSEQUENTLY, RESTORE THE ORIGINAL ORDER DATED 09.04.2025 ALLOWING THE APPELLANTS' IMPLEADMENT APPLICATIONS IA.NO.11 AND IA.NO.12 IN FDP.NO.33/2006. 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 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 - 5 - HC-KAR CNR: KAHC010532192026 NC: 2026:KHC:46003 MFA No. 5770 of 2026 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; 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 - 6 - HC-KAR CNR: KAHC010532192026 NC: 2026:KHC:46003 MFA No. 5770 of 2026 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 10.09.2026 without awaiting any further notice. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 12