- 1 - HC-KAR CNR: KAHC010785092025 NC: 2026:KHC:45732 MFA No. 8879 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 8879 OF 2025 (CPC) BETWEEN: 1. KUM ANITHA D/O SUBRAMANYANIAN, AGED ABOUT 40 YEARS, RESIDING AT K. NO. 55, PRASHANTH NAGAR, KASAB HOBLI, DEVANAHALLI TOWN, BANGALORE RURAL, BENGALURU- 562110 REP BY GPA HOLDER SMT. VASANTHA W/O SUBRAMANIAN KANDASWAMY AGED ABOUT 59 YEARS R/AT NO. 30, 2ND CROSS, 3RD BLOCK, DASAPPA LAYOUT, RAMAMURTHY NAGARA, BENGALURU-560036 …APPELLANT (BY SRI. SHEKARAPPA.,ADVOCATE) AND: 1. SRI H M MADHUKUMAR S/O LATE MUNE GOWDA, AGED ABOUT 35 YEARS 2. SRI. M GOVARDHAN S/O LATE MUNE GOWDA, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010785092025 NC: 2026:KHC:45732 MFA No. 8879 of 2025 AGED ABOUT 33 YEARS THE RESPONDENT NO.1 AND 2 ARE RESIDING AT DOODATHOTHAMANGALA, DHAKALE, HALIYUR VILLAGE, VIJAYAPURA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT- 562110 3. SRI. GULLA VENKATARAMANA REDDY, S/O LATE G. YARAM REDDY, AGED ABOUT MAJOR RESIDING AT NO. 118, PRABHAT, 40 MAIN, 3 CROSS, COFFEE BOARD LAYOUT, KEMPAPURA, HEBBALA, BENGALURU-560024 4. SMT. BHAGYAMMA W/O LATE MUNEGOWDA AGED ABOUT MAJOR R/AT HALIYUR VILLAGE, YELIYURU POST, DEVANAHALLI TALUK-562110 BANGALORE RURAL DISTRICT 5. SMT. SOWMYA W/O KRISHNAMURTHY,LEA D/O MUNEGOWDA AGE ABOUT MAJOR, R/AT MUTTURU VILLAGE, MELURU POST, JANGAMAKOTE HOBLI, SHIDLAGHATTA TALUK-562105 CHIKKABALLAPURA DISTRICT …RESPONDENTS (BY SRI. JAGADEESHA GOWDA., FOR R1, R2 AND R4 ADVOCATE) (BY SRI.AKSHAY PATIL FOR R3) - 3 - HC-KAR CNR: KAHC010785092025 NC: 2026:KHC:45732 MFA No. 8879 of 2025 THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT. 03.11.2025 PASSED ON I.A.NOs. I AND VII IN O.S.NO. 664/2014 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI, ALLOWING IA NO.7 FILED U/O.39 RULE 4 READ WITH SECTION 151 OF CPC AND VACATING THE I.A.NO 1 EX PARTE TEMPORARY INJUNCTION. 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. - 4 - HC-KAR CNR: KAHC010785092025 NC: 2026:KHC:45732 MFA No. 8879 of 2025 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 the learned Judge of the concerned Appellate Court, in accordance with law. - 5 - HC-KAR CNR: KAHC010785092025 NC: 2026:KHC:45732 MFA No. 8879 of 2025 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) List this matter before the District Court on 21.09.2026. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 7