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2026 DAILYLAW 36945 (KAR)

SMT. RATHNAMMA @ NAGARATHNAMMA v. SRI VENKATETSH MURTHY CHARI

MFA/3161/2026 · 2026-08-19

Pradeep Singh Yerur

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010297852026 NC: 2026:KHC:44687 MFA No. 3161 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.3161 OF 2026 (CPC) BETWEEN: SMT. RATHNAMMA @ NAGARATHNAMMA D/O LATE BHOGACHARI W/O. B.R. NARASHIMA MURTHY AGED ABOUT 64 YEARS R/AT- SULIKERE VILLAGE AND POST, KENGERI HOBLI, BANGALORE SOUTH TALUK, BANGALORE - 560 060. …APPELLANT (BY SRI. SHIVAKUMAR V.,ADVOCATE) AND: 1. SRI VENKATETSH MURTHY CHARI S/O LATE BHOGACHARI AGED ABOUT 61 YEARS 2. SMT. REKHA. K W/O VENKATESH MURTHACHARI AGED ABOUT 39 YEARS 3. SRI. SANJEEVACHARI. V S/O VENKATESH MURTHAHARI AGED ABOUT 27 YEARS 4. KUMARI. USHA. V D/O VENKATESH MURTHAHARI AGED ABOUT 23 YEARS Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010297852026 NC: 2026:KHC:44687 MFA No. 3161 of 2026 5. SMT. BHAGYAMMA D/O LATE BHOGACHARI W/O SANJEEVA MURTHY AGED ABOUT 59 YEARS 6. SMT. S. GEETHA, D/O SANJEEVA MURTHY AND BHAGYAMMA AGED ABOUT 36 YEARS 7. SRI. S. VISHWANATH S/O SANJEEVA MURTHY AND BHAGYAMMA AGED ABOUT 34 YEARS 8. SMT. VARALAKSHMI. S D/O SANJEEVA MURTHY AND BHAGYAMMA AGED ABOUT 32 YEARS 9. KUMARI. S. ANUSHA D/O SANJEEVA MURTHY AND BHAGYAMMA AGED ABOUT 25 YEARS RESPONDENT NO.1 TO 9 ARE R/AT- SULIKERE VILLAGE AND POST, KENGERI HOBLI, BANGALORE SOUTH TALUK, BANGALORE. 10. SRI.V.K. JAYARAM S/O. VENKATESHAPPA AGED ABOUT 69 YEARS 11. SMT. PARVATHAMMA @ PARVATHI, W/O V.K. JAYARAM, AGE ABOUT 63 YEARS - 3 - HC-KAR CNR: KAHC010297852026 NC: 2026:KHC:44687 MFA No. 3161 of 2026 12. SMT. KALPANA. J, D/O V.K JAYARAM, AGED ABOUT 41 YEARS RESPONDENT NOS.10 TO 12 ARE R/AT-NO.33 14TH 'A' CROSS, PIPELINE ROAD, CHELURUPALYA, VIJAYANAGARA, MAGADI ROAD, BANGALORE- 560 023. 13. SRI. SURESH R.C. S/O CHIKKANNA, AGED ABOUT 41 YEARS, R/AT- NO.16, RAMASANDRA VILLAGE, SULIKERE POST, KENGERI HOBLI, BANGALORE SOUTH TALUK, BANGALORE-560 060. 14. THE ADDITIONAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY. BANGALORE-560 020. …RESPONDENTS THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED 20.02.2026 PASSED ON IA NOS.3 TO 5 IN O.S.NO.844/2023 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL, BENGALURU, REJECTING THE IA.NOS 3 TO 5 FILED U/O.39 RULE 1 AND 2 OF CPC, 1908. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR CNR: KAHC010297852026 NC: 2026:KHC:44687 MFA No. 3161 of 2026 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: - 5 - HC-KAR CNR: KAHC010297852026 NC: 2026:KHC:44687 MFA No. 3161 of 2026 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 are left open to be agitated before the concerned Appellate Court. - 6 - HC-KAR CNR: KAHC010297852026 NC: 2026:KHC:44687 MFA No. 3161 of 2026 v) List this matter before the District Court on 15.09.2026. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 34