- 1 - HC-KAR CNR: KAHC010186852023 NC: 2026:KHC:45282 MFA No. 2369 of 2023 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. 2369 OF 2023 (CPC) BETWEEN: SRI. P.SUBRAMANI S/O LATE.PAPAIAH, AGED ABOUT 68 YEARS, R/AT BELATHUR VILLAGE, KADUGODI POST, BIDARAHALLI HOBLI, BENGALURU EAST TALUK. …APPELLANT (BY SRI. C M NAGABUSHANA.,ADVOCATE) AND: 1. SMT. PADMAMMA W/O LATE. R.SUBBIAH SHETTY AGED ABOUT 68 YEARS, 2. SRI.LAKSHMIRAMAIAH SHETTY S/O LATE. R.SUBBIAH SHETTY AGED ABOUT 29 YEARS, RESPONDENT 1 & 2 ARE R/AT NO.189, NANJAMMA LAYOUT, BASVANPURA MAIN ROAD, BEHIND VENKATESHWARA COMPLEX, KRISHNARAJAPURA BENGALURU-560 036. 3. SRI.D.V.KEMPANNA S/O LATE. ERASWAMAPPA, AGED ABOUT 66 YEARS, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010186852023 NC: 2026:KHC:45282 MFA No. 2369 of 2023 4. SRI.D.K.MALLIKARJUN S/O D.V.KEMPANNA, AGED ABOUT 39 YEARS, 5. SRI. D.K.MAHESH S/O D.V.KEMPANNA, AGED ABOUT 35 YEARS, 6. SRI.D.K.JAYAPRAKSH S/O D.V.KEMPANNA, AGED ABOUT 32 YEARS, RESPONDENT NOS. 3 TO 6 ARE R/AT DODDA BANA HALLI VILLAGE VIRGONAGAR POST, BIDARAHALLI HOBLI BENGALURU EAST TALUK, BENGALURU -560 049. …RESPONDENTS (BY SRI.RAHUL S. REDDY.,ADVOCATE FOR R-1 & R-2; NOTICE TO R-5 & R-6 IS HELD SUFFICIENT V.O.D 08.09.2023; R-3 & R-4 -SERVED & UNREPRESENTED) THIS MFA IS FILED U/S 43 RULE 1(c) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 17.03.2023 PASSED IN MISC.PET.NO.86/2013 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, DISMISSING THE PETITION FILED UNDER ORDER IX RULE 9 OF CPC. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR - 3 - HC-KAR CNR: KAHC010186852023 NC: 2026:KHC:45282 MFA No. 2369 of 2023 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. 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. - 4 - HC-KAR CNR: KAHC010186852023 NC: 2026:KHC:45282 MFA No. 2369 of 2023 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) Since parties are represented before this Court, they shall appear before the District Court on 17.09.2026 without awaiting any further notice. - 5 - HC-KAR CNR: KAHC010186852023 NC: 2026:KHC:45282 MFA No. 2369 of 2023 vi) Interim order granted in the present appeal shall continue till further orders are passed by the learned District Judge. Sd/- (PRADEEP SINGH YERUR) JUDGE GSS List No.: 1 Sl No.: 55