- 1 - HC-KAR CNR: KAHC010590402025 NC: 2026:KHC:44685 MFA No. 6674 of 2025 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.6674 OF 2025 (CPC) BETWEEN: MR PADMANABHA KUNJAPPA KARKERA S/O KUNJAPPA PUJARI, AGED ABOUT 65 YEARS, R/AT NO. C-315, SANGEETA CHS LTD., W. E. HIGHWAY, NEAR TOLL NAKA DAHISAR (EAST) MUMBAI, MAHARASHTRA - 400 068. …APPELLANT (BY SRI. ANANDARAMA K., ADVOCATE) AND: 1. MRS REVATHI ALIAS MALINI SADANANDA W/O SADANANDA AGED ABOUT 69 YEARS 2. MR SADANANDA S/O LATE THIMMAPPA AGED ABOUT 75 YEARS 3. MR GOPALA S/O LATE THIMMAPPA AGED ABOUT 79 YEARS 4. MRS MOHINI W/O GOPALA AGED ABOUT 71 YEARS Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010590402025 NC: 2026:KHC:44685 MFA No. 6674 of 2025 THE DEFENDANT NOS.1 TO 4 ARE RESIDING AT DOOR NO.4-117/3, MALEMAR, BHANDARA MANE, DEREBAIL, MANGALORE 575 006. 5. MR ROOPESH FATHERNS NAME NOT KNOWN AGED ABOUT 56 YEASR R/AT DOOR NO. 4-117/3, MALEMAR, BHANDARA MANE, DEREBAIL, MANGALORE 575 006. …RESPONDENTS (BY SRI. THANJMA BEKAL, ADVOCATE C/R-1 TO R-5) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED 31.07.2025 PASSED ON IA.NO. II IN OS.NO.34/2024 ON THE FILE OF THE PRL SENIOR CIVIL JUDGE AND CJM, MANGALURU, DISMISSING THE IA.NO.II FILED UNDER ORDER 39 RULE 1 AND 2 R/W 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 - 3 - HC-KAR CNR: KAHC010590402025 NC: 2026:KHC:44685 MFA No. 6674 of 2025 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: - 4 - HC-KAR CNR: KAHC010590402025 NC: 2026:KHC:44685 MFA No. 6674 of 2025 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. v) Learned counsel for appellants and learned counsel for the respondents are present. - 5 - HC-KAR CNR: KAHC010590402025 NC: 2026:KHC:44685 MFA No. 6674 of 2025 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.: 30