- 1 - HC-KAR CNR: KAHC010136382026 NC: 2026:KHC:45924 MFA No. 1441 of 2026 C/W MFA No. 1442 of 2026 MFA No. 1448 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 1441 OF 2026 (CPC) C/W MISCELLANEOUS FIRST APPEAL NO. 1442 OF 2026 MISCELLANEOUS FIRST APPEAL NO. 1448 OF 2026 IN MFA No. 1441/2026 BETWEEN: SRI SUDANANDA B H S/O LATE.B.C.HANUMANTHARAYAPPA, AGED ABOUT 44 YEARS, R/AT NO.191, 4TH CROSS, II MAIN, TALACAUVERI LAYOUT, SAHAKARANAGAR POST, BENGALURU -560 092. …APPELLANT (BY SRI. MURALIDARA R..,ADVOCATE) AND: 1. SRI P.V.DIVAKAR S/O MR.P VENKATALAKSHMAIAH, AGED ABOUT 47 YEARS, RESIDING AT NO.18, 6TH A CROSS, II MAIN ROAD, SIR.M V LAYOUT, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010136382026 NC: 2026:KHC:45924 MFA No. 1441 of 2026 C/W MFA No. 1442 of 2026 MFA No. 1448 of 2026 THINDLU, BENGALURU-560 092. 2. SRI. ANURADHA B W/O MR.P V DIVAKAR AGED ABOUT 42 YEARS, RESIDING AT NO.18, 6TH A CROSS, II MAIN ROAD, SIR.M V LAYOUT, THINDLU, BENGALURU-560092 …RESPONDENTS THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.12.01.2026 PASSED ON IA NO.1 IN O.S.NO.246/2025 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT DEVANAHALLI, ALLOWING THE IA NO.1 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC, 1908. IN MFA NO. 1442/2026 BETWEEN: 1. SRI SUDANANDA B.H S/O LATE. B.C.HANUMANTHARAYAPPA, AGED ABOUT 44 YEARS, R/AT NO.191, 4TH CROSS, II MAIN, TALACAUVERI LAYOUT, SAHAKARANAGAR POST, BENGALURU -560092 ...APPELLANT (BY SRI. MURALIDARA R., ADVOCATE) AND: DR RAJASHEKAR B S/O SRI. LAXMAIA BOGADI AGED ABOUT 47 YEARS, RESIDING AT NO.296, IST FLOOR, PHASE-III, GREEN BAWARCHI RESTAURANT, KAMALAPURI COLONY, YALLAREDDYGUDA, HYDERABAD - 3 - HC-KAR CNR: KAHC010136382026 NC: 2026:KHC:45924 MFA No. 1441 of 2026 C/W MFA No. 1442 of 2026 MFA No. 1448 of 2026 1. TELANGANA-560 073, RERESETED BY HIS SPECIAL POWER OF ATTORNEY HOLDERS SRI.P V DIVAKAR S/O MR.P VENKATALAKSHMAIAH, AGED ABOUT 47 YEARS, 2. SRI. ANURADHA B W/O MR.P V DIVAKAR, AGED ABOUT 42 YEARS, RESIDING AT NO.18, 6TH A CROSS, II MAIN ROAD, SIR.M V LAYOUT, THINDLU, BENGALURU-560 092. ...RESPONDENTS THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.12/01/2026 PASSED ON IA NO.1 IN O.S.NO.247/2025 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMGC DEVANAHALLI, ALLOWING THE IA NO.1 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC, 1908. IN MFA NO. 1448/2026 BETWEEN: 1. SRI SUDANANDA B H S/O LATE B.C. HANUMANTHARAYAPPA, AGED ABOUT 44 YEARS, R/AT NO. 191, 4TH CROSS, II MAIN, TALACAUVERI LAYOUT, SAHAKARANAGAR POST, BENGALURU - 560 092. ...APPELLANT (BY SRI. MURALIDARA R.,ADVOCATE) AND: 1. SRI P DIVAKAR S/O MR. P VENKATALAKSHMAIAH, - 4 - HC-KAR CNR: KAHC010136382026 NC: 2026:KHC:45924 MFA No. 1441 of 2026 C/W MFA No. 1442 of 2026 MFA No. 1448 of 2026 AGED ABOUT 47 YEARS, RESIDING AT NO.18, 6TH A CROSS, II MAIN ROAD, SIR M.V LAYOUT, THINDLU, BENGALURU - 560092. 2. SRI ANURADHA B W/O MR. P V DIVAKAR AGED ABOUT 42 YEARS, RESIDING AT NO. 18, 6TH A CROSS, II MAIN ROAD, SIR M V LAYOUT, THINDLU, BENGALURU - 560 092. ...RESPONDENTS THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 12.01.2026 PASSED ON I.A.NO.1 IN OS.NO. 244/2025 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI, ALLOWING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT These appeals 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- - 5 - HC-KAR CNR: KAHC010136382026 NC: 2026:KHC:45924 MFA No. 1441 of 2026 C/W MFA No. 1442 of 2026 MFA No. 1448 of 2026 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 these matters to the concerned District Court for adjudication of the matters from the stage where it is stopped. 3. Accordingly, I pass the following: O R D E R i) Appeals stands disposed of for statistical purposes. ii) Registry is directed to transfer the entire record of the cases, to the concerned Principal District & Sessions Judge, who may assign it to the concerned Appellate Court having jurisdiction. - 6 - HC-KAR CNR: KAHC010136382026 NC: 2026:KHC:45924 MFA No. 1441 of 2026 C/W MFA No. 1442 of 2026 MFA No. 1448 of 2026 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 cases and all rights and contentions of the parties are left open to be agitated before the concerned Appellate Court. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 33