- 1 - HC-KAR CNR: KAHC010071782026 NC: 2026:KHC:46245 MFA No. 785 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 785 OF 2026 (CPC) BETWEEN: 1. SMT. CHITRAKALA. C. W/O SRI. JAYACHANDRA K.J., AGED ABOUT 40 YEARS, RESIDING AT NO.317, GHATAPRABHA ROAD, VIDYASHANKAR LAYOUT, MYSURU CITY. 2. SRI. AKSHAY. E. S/O SRI. ESHWAREGOWDA, AGED ABOUT 28 YEARS, RESIDING AT NO.939, SARDAR VALLABHABAI PATEL NAGAR, MYSURU CITY. …APPELLANTS (BY SRI. AKSHAY RAMACHANDRA HUDDAR., ADVOCATE) AND: 1. SRI. V. VINAYAK SHANKAR, S/O LATE H. VEERABHADRAIAH, AGED ABOUT 63 YEARS, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010071782026 NC: 2026:KHC:46245 MFA No. 785 of 2026 2. SRI.VIREN VIRAJ SHANKAR S/O SRI. V. VINAYAK SHANKAR, AGED ABOUT 27 YEARS, BOTH ARE RESIDING AT: NO.3, LAKSHMI ROAD, SHANTHINAGAR, WILSON GARDEN, BENGALURU SOUTH, BENGALURU 560 027. …RESPONDENTS (BY SRI. PAVANKUMAR M.N.,ADV. FOR; SRI. P.B.RAJU ADV. FOR C/R1) THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 14.01.2026 PASSED ON I.A.NO.I IN OS.NO. 1672/2024 ON THE FILE OF THE VII ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MYSURU, DISMISSING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC. THIS APPEAL, COMING ON FOR ADMISSION, 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 - 3 - HC-KAR CNR: KAHC010071782026 NC: 2026:KHC:46245 MFA No. 785 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. - 4 - HC-KAR CNR: KAHC010071782026 NC: 2026:KHC:46245 MFA No. 785 of 2026 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. Hence, the parties shall appear before the learned District Judge on 21.09.2026 without awaiting further notice. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 29