- 1 - HC-KAR CNR: KAHC010076872023 NC: 2026:KHC:44688 MFA No. 1031 of 2023 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.1031 OF 2023 (CPC) BETWEEN: 1. SRI MURTHY K B S/O BASAVANNA D, AGED ABOUT 46 YEARS, 2. SMT RASHMI MURTHY N R W/O MURTHY K B, AGED ABOUT 42 YEARS, BOTH ARE RESIDING AT NO.980, 1ST PHASE, 4TH STAGE, DEVARAJA MOHALLA, VIJAYANAGAR, MYSURU CITY - 570 032. …APPELLANTS (BY SRI. CHANDRASHEKAR SWAMY K.B., ADVOCATE) AND: SRI SHARATH CHANDRA S/O LATE SIDDAIAH, AGED ABOUT 64 YEARS, R/AT SATHANURU VILLAGE, MANDYA TALUK MANDYA DISTRICT - 571 402. …RESPONDENT (BY SRI. Y.V. PRAKASH, ADVOCATE FOR SRI.Y.K. NARAYANA SHARMA, ADVOCATE) Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010076872023 NC: 2026:KHC:44688 MFA No. 1031 of 2023 THIS MFA IS FILED U/O.43 RULE 1(r) R/W SEC.151 OF CPC, AGAINST THE ORDER DATED 09.11.2022 PASSED ON IA NO.2 IN O.S.NO.440/2021 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MYSURU, DISMISSING IA NO.2 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 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. - 3 - HC-KAR CNR: KAHC010076872023 NC: 2026:KHC:44688 MFA No. 1031 of 2023 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. - 4 - HC-KAR CNR: KAHC010076872023 NC: 2026:KHC:44688 MFA No. 1031 of 2023 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 respondent are present. Hence, the parties shall appear before the learned District Judge on 15.09.2026 without awaiting further notice. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 27