- 1 - HC-KAR CNR: KAHC010838142025 NC: 2026:KHC:46005 MFA No. 9733 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. 9733 OF 2025 (CPC) BETWEEN: SRI SIDDASHETTY S/O. LATE PUTTA SHETTY AGED ABOUT 82 YEARS ADAKANAHALLI HUNDI VILLAGE CHIKKAIAHANACHATRA HOBLI NANJANGUDU TALUK - 5713102. …APPELLANT (BY SRI V.F. KUMBAR, ADVOCATE) AND: 1. SRI SIDDA SHETTY S/O. DEVASHETTY AGED ABOUT 57 YEARS KOODANAHALLI VILLAGE VARUNA HOBLI MYSORE TALUK - 570 010. 2. SMT LAKSHMAMMA W/O. SRI PUTTASHETTY AGED ABOUT 50 YEARS R/AT HOSARAMANAHALLI VILLAGE BILIKERE HOBLI HUNASUR TALUK - 571 103. 3. SRI SHAMBHU SHETTY S/O. SHAMBU SHETTY AGED ABOUT 69 YEARS ADAKANAHALLI HUNDI VILLAGE CHIKKAIAHANACHATRA HOBLI NANJANGUDU TALUK - 571 302. …RESPONDENTS (BY SRI B. SHARATH KUMAR, ADVOCATE FOR R3) Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010838142025 NC: 2026:KHC:46005 MFA No. 9733 of 2025 THIS MFA IS FILED UNDER ORDER xliii RULE 1(r) OF CPC, praying to set aside THE ORDER dated 19.11.2025 PASSED ON IA.NO.IIN OS.NO.132/2023 by THE SENIOR CIVIL JUDGE AND JMFC, NANJANGUD. 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) 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 - HC-KAR CNR: KAHC010838142025 NC: 2026:KHC:46005 MFA No. 9733 of 2025 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; 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; - 4 - HC-KAR CNR: KAHC010838142025 NC: 2026:KHC:46005 MFA No. 9733 of 2025 v) Since the parties are represented before this Court, they shall appear before the learned District Judge on 15.09.2026 without awaiting any further notice. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 17