- 1 - HC-KAR CNR: KAHC010075952025 NC: 2026:KHC:45730 MFA No. 920 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. 920 OF 2025 (CPC) BETWEEN: 1. SRI K N SUBRAMANYAM AGED ABOUT 72 YEARS, S/O LATE K M NARAYANASWAMY R/AT NAGALI VILLAGE AND POST, BYRAKAUR HOBLI MULBAGAL TALUK KOLAR DISTRICT PIN 563132 …APPELLANT (BY SRI. SUBRAMANYAM K.,ADVOCATE) AND: 1. SRI K N SHEKAR AGED ABOUTV 53 YEARS, S/O LATE K M NARAYASWAMY R/AT KAIVARA VILLAGE AND HOBLI CHITAMANI ATALUK CHIKKABALLAPURA DISTRICT -563128 ALSO AT NO.829, 11 TH CROSS SARAKKI LAYOUT 1ST PHASE, JP NAGAR BENGALURU -560078 Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010075952025 NC: 2026:KHC:45730 MFA No. 920 of 2025 2. K N SHANKARANARAYANA AGED ABOUT 69 YEARS, S/O LATE K M NARAYASWAMY R/AT NAGALI VILLAGE AND POST BYRAKUR HOBLI MULBAGAL TALUK, KOLAR DISTRICT -563132 …RESPONDENTS (BY SRI. THILAK ITTANGUR B N.,ADVOCATE) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.03.12.2024 PASSED ON IA NO.1 IN O.S.NO.96/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MULBAGAL, REJECTING IA NO.1 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC. 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) - 3 - HC-KAR CNR: KAHC010075952025 NC: 2026:KHC:45730 MFA No. 920 of 2025 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 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 - 4 - HC-KAR CNR: KAHC010075952025 NC: 2026:KHC:45730 MFA No. 920 of 2025 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) 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. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 4