- 1 - HC-KAR CNR: KAHC010160292026 NC: 2026:KHC:47293 MFA No. 1688 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 1688 OF 2026 (CPC) BETWEEN: SRI. NANDISH KUMAR B.G., S/O B.C. GIRIGOWDA, AGED ABOUT 40 YEARS, R/AT NO.596, NISARGA MARGA, KAVERI NAGARA, MANDYA - 571 401 …APPELLANT (BY SRI. RAVI B. NAIK, SENIOR COUNSEL SRI. RISHYAK R. BANAVARA, ADVOCATE) AND: 1. V. K. VIJAYA KUMAR, S/O LATE SRI K. N. KESHAVAN, AGED ABOUT 70 YEARS, WEST VIEW ESTATE, NAKUR-SUNTICIPPA SHIRANGALA VILLAGE, KUSHALNAGAR TALUK, KODAGU DISTRICT 2. SMT. V.K. PRIYADARSHINI, D/O LATE SRI K. N. KESHAVAN, W/O SRI V. V. MURULIDHARAN, AGED ABOUT 64 YEARS, R/AT MURULI LODGE, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010160292026 NC: 2026:KHC:47293 MFA No. 1688 of 2026 GURUVAYUR WEST NADA, TRICHUR DISTRICT, KERALA - 680 001 REPRESENTED BY HER GPA HOLDER SRI. V.K. VIJAYKUMAR THE PLAINTIFF NO.1 VIDE GPA DATED 06.05.2025 EXECUTED AND ATTESTED BEFORE A NOTARY AT MADIKERI 3. SMT. SREELATHA VASUDEVAN, AGED ABOUT 75 YEARS, W/O LATE SRI K.N. VASUDEVAN, VALKAT ESTATE, 7TH HOSKOTE V AND POST, SUNTICOPPA HOBLI, KUSHALNAGAR TALUK - 571 234 REPRESENTED BY HER GPA HOLDER SMT. SANDHYA VASUDEVAN THE PLAINTIFF NO.4 VIDE GPA DATED 28.04.2025, EXECUTED AND ATTESTED BEFORE A NOTARY AT MADIKERI. 4. SMT. SANDHYA VASUDEVAN, AGED ABOUT 48 YEARS, D/O LATE SRI K.N. VASUDEVAN, W/O SRI PROMOD M.S., ARYAN, 7TH HOSKOTE V AND POST, SUNTICOPPA HOBLI, KUSHALNAGAR TALUK - 571 234 5. SMT. VANDANA VASUDEVAN, AGED ABOUT 45 YEARS, D/O LATE SRI K.N. VASUDEVAN, - 3 - HC-KAR CNR: KAHC010160292026 NC: 2026:KHC:47293 MFA No. 1688 of 2026 W/O SRI P.V.PRASAD, R/AT NO.315, 7TH HOSKOTE V AND POST, SUNTICOPPA HOBLI, KUSHALNAGAR TALUK REPRESENTED BY HER GPA HOLDER SMT. SANDHYA VASUDEVAN THE PLAINTIFF NO.4 VIDE GPA DATED 28.04.2025, EXECUTED AND ATTESTED BEFORE A NOTARY AT MADIKERI. PIN CODE - 571 234 6. SMT. NINGAMMA AGED ABOUT 75 YEARS, W/O LATE SRI K.N. JOYAPPA 7. SMT. K. J. LEELAVATHI, AGED ABOUT 50 YEARS, D/O LATE SRI K.N. JOYAPPA, W/O SRI KITTANNA RAI, R/AT KANBILE VILLAGE, SUNTICOPPA HOBLI KUSHALNAGAR TALUK - 571 234 8. SMT. K. J. KANTHI, AGED ABOUT 44 YEARS, D/O LATE SRI K.N. JOYAPPA, 9. SMT. K. J. KUSUMA, AGED ABOUT 42 YEARS, D/O LATE SRI K.N. JOYAPPA 10. K.J. JAGADISH, AGED ABOUT 40 YEARS, S/O LATE SRI K.N. JOYAPPA - 4 - HC-KAR CNR: KAHC010160292026 NC: 2026:KHC:47293 MFA No. 1688 of 2026 THE RESPONDENTS NO.6, 8 TO 10 ARE RESIDING AT NAKOOR-SHIRANGALA VILLAGE, SUNTICOPPA HOBLI, KUSHALNAGAR TALUK - 571 234 …RESPONDENTS (BY SRI. K.M. JAGANATH, ADVOCATE FOR R1 TO R5 SRI. DURGAPPA S., ADVOCATE FOR R6 TO R10) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED 09.12.2025 PASSED ON IA.NO. II IN O.S.NO.54/2025 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, SOMAWARAPETE, ALLOWING THE IA.NO. II FILED U/O. 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) - 5 - HC-KAR CNR: KAHC010160292026 NC: 2026:KHC:47293 MFA No. 1688 of 2026 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: 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. - 6 - HC-KAR CNR: KAHC010160292026 NC: 2026:KHC:47293 MFA No. 1688 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 23.09.2026 without awaiting further notice. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 35