- 1 - HC-KAR CNR: KAHC010453652026 NC: 2026:KHC:44683 MFA No. 4976 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. 4976 OF 2026 (CPC) BETWEEN: K.LOKESH S/O LATE KONDAPPA, AGED ABOUT 59 YEARS, R/O NAGONDANAHALLY VILLAGE, WHITE FIELD POST, K.R PURAM, BANGALORE EAST TALUK BANGALORE- 560 066. …APPELLANT (BY SRI. S.P. KULKARNI, SR. COUNSEL, A/W SRI. HANUMANTHAPPA A.,ADVOCATE) AND: 1. K.VENKATSWAMY SINCE DEAD BY HIS LRS: SMT.SARASWATHAMMA W/O LATE K.VENKATASWAMY, AGED ABOUT 56 YEARS, 2. SRI NAGESH N.V S/O LATE K.VENKATASWAMY, AGED ABOUT 46 YEARS, 3. SRI SHIVASHANKAR N.V. S/O LATE K.VENKATASWAMY, AGED ABOUT 28 YEARS, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010453652026 NC: 2026:KHC:44683 MFA No. 4976 of 2026 RESPONDNET NOS.1 TO 3 ARE R/O NAGONDANAHALLY VILLAGE, WHITE FILED POST, K.R. PURAM, BANGALORE-560 066. 4. SMT. KAMALAMMA W/O LATE RAMCHANDRAPPA. K., AGED ABOUT 50 YEARS, R/O CHANNASANDRA VILLAGE, KADUGUDDI POST, K.R PURAM HOBLI, BANGALORE- 560 067. 5. KAVITHA W/O LAKSHMINARAYANA D/O LATE RAMACHANDRAPPA.K, AGED ABOUT 36 YEARS, R/O 2/26A A KOTHAPALLIVILLAGE, BINNAMANGALA POST, DENKANI KOTA-TQ, KRISHNAGIRI-DISTRICT-635 118. 6. R.MAHESH, S/O LATE RAMACHANDRAPPA.K, AGED ABOUT 30 YEARS, 7. VINODH R S/O LATE RAMACHANDRAPPA.K, AGED ABOUT 28 YEARS, R6 AND R7 ARE R/O CHANNASANDRA VILLAGE, KADUGUDDI POST, K.R PURAM HOBLI, BANGALORE- 560 067. 8. ADDITIONAL COMMISSIONER FOR BBMP, MAHADEVAPURA ZONE, BANGALORE. 9. JOINT COMMISSIONER, BBMP, MAHADEVAPURA BBMP ZONAL OFFICE, 10. EXECUTIVE ENGINEER, OFFICE OF ROAD AND INFRASTRUCTURES, - 3 - HC-KAR CNR: KAHC010453652026 NC: 2026:KHC:44683 MFA No. 4976 of 2026 MAHADEVAPURA DIVISION, NEW ANNEXURE, BUILDING 1 AND 3 RD FLOOR, BBMP, NR CHOWKA, BANGALORE- 560 066. …RESPONDENTS (BY SRI. RAJESWARA. P.N., ADV. FOR C/R7) THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 15.06.2026 PASSED ON I.A.NO.14 IN OS.NO. 1623/2018 ON THE FILE OF THE III ADDITIONAL SENIOR CIIVL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, REJECTING THE I.A.NO.14 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 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. - 4 - HC-KAR CNR: KAHC010453652026 NC: 2026:KHC:44683 MFA No. 4976 of 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 the learned Judge of the concerned Appellate Court, in accordance with law. - 5 - HC-KAR CNR: KAHC010453652026 NC: 2026:KHC:44683 MFA No. 4976 of 2026 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 15.09.2026 without awaiting further notice. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 39