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2026 DAILYLAW 37517 (KAR)

SRI. Y. M. MANJUNATH, v. SRI. DODDANNA, AND SMT. GOPAMMA, (DEAD BY THEIR LR'S,) SRI. D. NAGARAJ,

MFA/5817/2026 · 2026-08-28

Pradeep Singh Yerur

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010543672026 NC: 2026:KHC:46914 MFA No. 5817 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. 5817 OF 2026 (CPC) BETWEEN: SRI. Y. M. MANJUNATH, S/O. MUNISHAMAPPA, AGED ABOUT 47 YEARS, R/AT. YELIUR VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT. …APPELLANT (BY SRI. SHIVA KUMAR N., ADVOCATE) AND: 1. SRI. DODDANNA, AND SMT. GOPAMMA, (DEAD BY THEIR LR'S,) SRI. D. NAGARAJ, S/O. DODDANNA, AGED ABOUT 49 YEARS, 2. SMT. NAGAMANI, W/O. D. NAGARAJ, AGED ABOUT 41 YEARS, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010543672026 NC: 2026:KHC:46914 MFA No. 5817 of 2026 3. SHOBHARAJ, S/O. D. NAGARAJ, AGED ABOUT 25 YEARS, 4. LEKHANA, D/O. D. NAGARAJ, AGED ABOUT 21 YEARS, ALL RESPONDENTS ARE R/AT. YELIUR VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT – 562110. …RESPONDENTS THIS MFA IS FILED U/O 43 RULE 1(W) OF CPC, AGAINST THE ORDER DATED 12.08.2025 PASSED ON I.A.NO.VI IN OS.NO.87/2017 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, C/c II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI, ALLOWING THE APPLICATION FILED UNDER ORDER 47 RULE 1 READ WITH SECTION 151 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR - 3 - HC-KAR CNR: KAHC010543672026 NC: 2026:KHC:46914 MFA No. 5817 of 2026 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: 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 - 4 - HC-KAR CNR: KAHC010543672026 NC: 2026:KHC:46914 MFA No. 5817 of 2026 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, 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.: 6