- 1 - HC-KAR CNR: KAHC010615332025 NC: 2026:KHC:46044 MFA No. 7064 of 2025 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. 7064 OF 2025 (CPC) BETWEEN: 1. MS. JEAN ELIZABETH ANDREA IRELAND D/O. LATE MR. CARL JULIAN IRELAND AGED ABOUT 41 YEARS. 2. MS. DOMANICA HOLLY THERESA IRELAND D/O. LATE MR. CARL JULIAN RELAND AGED ABOUT 34 YEARS. BOTH RESIDING AT HOUSE NO.200-PART, MAIN ROAD HAPPY VILLA, NEAR HOPE-FARM WHITEFIELD, BENGALURU - 560 066. …APPELLANTS (BY SRI FLIESTUN JOSEPH REBELLO, ADVOCATE) AND: 1. MR. IAN PATRICK IRELAND S/O. LATE MAJOR E O IRELAND AGED ABOUT 67 YEARS RESIDING AT BELTHUR COLONY KADUGODI, BENGALURU - 560 067. 2. MR. CHRISTOPHER STEPHEN IRELAND S/O. LATE MAJOR E O IRELAND AGED ABOUT 67 YEARS RESIDING AT NO.AT NO.200, MAIN ROAD WHITEFIELD NEAR HOPE-FARM BENGALURU - 560 066. 3. MR. ROBERT BRUCE IRELAND Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010615332025 NC: 2026:KHC:46044 MFA No. 7064 of 2025 S/O. LATE MAJOR E O IRELAND AGED ABOUT 53 YEARS NO.5711, W AVENUE M-SPACE, 193 GUARTZ HILL, CALIFORNIA - 935 336, USA. 4. MR. RICHARD ALLAN IRELAND S/O. LATE MAJOR E O IRELAND AGED ABOUT 62 YEARS RESIDING AT SUNYOL HOUSE NO.22, GRAPHIC CENTER, DG: VC LAS VEGAS, STATE OF NEVADA-89118, USA. 5. MR. BRIAN GERARD IRELAND S/O. LATE MAJOR E O IRELAND AGED ABOUT 61 YEARS RESIDING AT AVE MARIA HILL SIDE LAYOUT, WHITEFIELD BENGALURU - 560 066. 6. MRS. NAOMIPATRICIA VANSPALL CHANDRAN @ NIN D/O. LATE MAJOR EDGAR OSMOND IRELAND AGED ABOUT 79 YEARS RESIDING AT 12 PINE GROVE DRIVE ELLEN BROOK, WESTERN AUSTRALIA - 6069. 7. MRS. MARGARET ROSE CHAITANYA D/O. LATE MAJOR EDGAR OSMOND IRELAND AGED ABOUT 74 YEARS RESIDING AT NO.18TH MILESTONE, SOMANAHALLI NARAYANA GURUKULA BENGALURU. 8. MS. JEAN ELIZABETH KERN @ JEAN EX. P. KERN - 3 - HC-KAR CNR: KAHC010615332025 NC: 2026:KHC:46044 MFA No. 7064 of 2025 D/O. LATE MAJOR EDGAR OSMOND IRELAND AGED ABOUT 72 YEARS 2000, NORTH COURT, NO.B-6 FAIRFIELD, IOWA 52556, USA. 9. MS. SUSAN GERTRUDE HILLER D/O. LATE MAJOR EDGAR OSMOND IRELAND AGED ABOUT 66 YEARS RESIDING AT NO.10, REDGUM ROAD WISTERIA HEIGHTS, PINJARRA WESTERN AUSTRALIA, W.A-6208. 10. MRS. AMELIA VALERIE FRANCESCA IRELAND W/O. LATE MR. CARL JULIAN IRELAND AGED ABOUT 60 YEARS RESIDING AT NO.200, MAIN ROAD WHITEFIELD NEAR HOPE-FARM BENGALURU - 560 066. …RESPONDENTS (BY SRI K.V. DHANAJAY, ADVOCATE FOR R1, R7 AND R9; SRI VASANTH V. FERNANDES, ADVOCATE FOR R2; SRI JEBA JERIN S.J., ADVOCATE FOR R5; SMT.K.B. SREEDEVI, ADVOCATE FOR SRI JAI M. PATIL, ADVOCATE FOR R6; MS. ROSHINI BABITHA PEREIRA, ADVOCATE FOR R10; NOTICE TO R8 IS DISPENSED, VIDE ORDER DATED 31.07.2026) THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 15.03.2025 PASSED ON I.A.NOS.I/2023 AND II/2023 IN O.S.NO.157/2023 BY IV ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU. - 4 - HC-KAR CNR: KAHC010615332025 NC: 2026:KHC:46044 MFA No. 7064 of 2025 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. Accordingly, I pass the following: - 5 - HC-KAR CNR: KAHC010615332025 NC: 2026:KHC:46044 MFA No. 7064 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) Since the parties are represented before this Court, except respondent Nos.3 and 4, they - 6 - HC-KAR CNR: KAHC010615332025 NC: 2026:KHC:46044 MFA No. 7064 of 2025 shall appear before the learned District Judge on 17.09.2026 without awaiting any further notice. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 8