- 1 - HC-KAR CNR: KAHC010563722026 NC: 2026:KHC:46912 MFA No. 6124 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 6124 OF 2026 (CPC) BETWEEN: SMT. HEMALATHA J., AGED ABOUT 44 YEARS, W/O. SRI KEMPARAJU C., D/O. SRI. B. H. JAYARAMU AND SMT. BHAGYAMMA, R/AT NO.641, "JOGADA SIRI", 8TH MAIN ROAD, D GROUP LAYOUT, ANNAPOORNESHWARI NAGAR, BENGALURU - 560 091. …APPELLANT (BY SRI. PRASANNA V R., ADVOCATE) AND: 1. SRI. B. H. JAYARAMU, AGED ABOUT 73 YEARS, S/O. LATE HONNAIAH @ HONNAPPA, R/AT NO.24, 1ST STAGE, BEL LAYOUT, ANJANA NAGAR, VISHWANEEDAM POST, MAGADI MAIN ROAD, BENGALURU - 560 091. Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010563722026 NC: 2026:KHC:46912 MFA No. 6124 of 2026 2. SMT. MOHANAKUMARI. J., AGED ABOUT 42 YEARS, W/O. SRI ANANDA KUMAR, D/O. SRI. B. H. JAYARAMU AND SMT.BHAGYAMMA, R/AT NO.19, 8TH BLOCK, SMV LAYOUT FURTHER EXTENSION, HEROHALLI, BENGALURU – 560 091. 3. SRI. MADHUSUDHAN. J., AGED ABOUT 46 YEARS, S/O. SRI. B. H. JAYARAMU AND SMT.BHAGYAMMA, R/AT NO.24, 1ST STAGE, BEL LAYOUT, ANJANA NAGAR, VISHWANEEDAM POST, MAGADI MAIN ROAD, BENGALURU - 560 091. 4. SMT. GIRIJA BAI, AGED ABOUT 67 YEARS, CLAIMING TO BE THE W/O. LATE B. H. JAYARAMU, R/AT NO.22/2, 17TH CROSS, AGRAHARA DASARAHALLI, KHB COLONY, BASAVESHWARA NAGARA, BENGALURU - 560 079. 5. SMT. TEJASWINI G., AGED ABOUT 23 YEARS, CLAIMING TO BE THE D/O. LATE B. H. JAYARAMU, - 3 - HC-KAR CNR: KAHC010563722026 NC: 2026:KHC:46912 MFA No. 6124 of 2026 R/AT NO.22/2, 17TH CROSS, AGRAHARA DASARAHALLI, KHB COLONY, BASAVESHWARA NAGARA, BENGALURU - 560 079. 6. M/S. VIKAS INFRA BUILDER, REGD. OFFICE NO.2191/1, 4TH FLOOR, SIR M. VISHWESHWARAIAH LAYOUT, 5TH BLOCK, 80 FEET ROAD, ULLAL MAIN ROAD, BENGALURU - 560 056, REPRESENTED BY ITS PARTNERS. 7. SRI. ASHWATHA V., AGED ABOUT 43 YEARS, S/O. SRI VENKATAPPA, PARTNER, M/S. VIKAS INFRA BUILDER, REGD. OFFICE NO.2191/1, 4TH FLOOR, SIR M. VISHWESHWARAIAH LAYOUT, 5TH BLOCK, 80 FEET ROAD, ULLAL MAIN ROAD, BENGALURU - 560 056. 8. SMT. PADMAVATHI K. N., AGED ABOUT 40 YEARS, W/O. SRI ASHWATHA V., PARTNER, M/S. VIKAS INFRA BUILDER, REGD. OFFICE NO.2191/1, 4TH FLOOR, SIR M. VISHWESHWARAIAH LAYOUT, 5TH BLOCK, 80 FEET ROAD, - 4 - HC-KAR CNR: KAHC010563722026 NC: 2026:KHC:46912 MFA No. 6124 of 2026 ULLAL MAIN ROAD, BENGALURU - 560 056. …RESPONDENTS (BY SRI.K.VIJAYA KUMAR, ADVOCATE FOR C/R4 TO C/R8) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED 20-07-2026 PASSED ON IA NO.3 IN O.S.NO.1105/2026 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU ALLOWING THE IA NO.3 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC, 1908. 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 - 5 - HC-KAR CNR: KAHC010563722026 NC: 2026:KHC:46912 MFA No. 6124 of 2026 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: 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 - 6 - HC-KAR CNR: KAHC010563722026 NC: 2026:KHC:46912 MFA No. 6124 of 2026 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, they shall appear before the learned District Judge on 21.09.2026 without awaiting any further notice. Sd/- (PRADEEP SINGH YERUR) JUDGE BH List No.: 1 Sl No.: 9