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2026 DAILYLAW 37559 (KAR)

SRI S SHANKAR v. SRI C MUDDA BASAVAIAH

MFA/3424/2026 · 2026-08-28

Pradeep Singh Yerur

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010314402026 NC: 2026:KHC:46915 MFA No. 3373 of 2026 C/W MFA No. 3424 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. 3373 OF 2026 (CPC) C/W MISCELLANEOUS FIRST APPEAL NO. 3424 OF 2026 IN MFA No. 3373/2026 BETWEEN: 1. SRI.S.SHANKAR, SON OF SRI. SHIVANANDA SHARMA, SON OF LATE. SMT. JYOTHI, AGED ABOUT 51 YEARS, RESIDING AT NO.3390/A, 5TH B MAIN, 2ND CROSS, HAMPINAGAR, BENGALURU – 560 104. 2. SRI. MANJUNATH S, SON OF SRI. SHIVANANDA SHARMA, SON OF LATE.SMT.JYOTHI, AGED ABOUT 43 YEARS, RESIDING AT NO.3390/A, 5TH B MAIN, 2ND CROSS, HAMPINAGAR, BENGALURU – 560 104. 3. SRI. SHIVAPRAKASH S, SON OF SRI.SHIVANANDA SHARMA, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010314402026 NC: 2026:KHC:46915 MFA No. 3373 of 2026 C/W MFA No. 3424 of 2026 SON OF LATE. SMT.JYOTHI, AGED ABOUT 40 YEARS, RESIDING AT NO.304, 3RD FLOOR, VITHOLA APARTMENT, KALENA AGRAHARA, NEAR DECALATHON, BANNERGHATTA ROAD, BENGALURU – 560 076. …APPELLANTS (BY SRI. B.J.VEERENDRA KUMAR., ADVOCATE) AND: 1. SRI. C. MUDDA BASAVAIAH, SON OF LATE.B.CHANDRASHEKAR, AGED MAJOR, 2. SRI.C. SHIVASHANKAR, SON OF LATE.B.CHANDRASHEKAR, AGED MAJOR, BOTH ARE RESIDING AT KENCHANAPURA VILLAGE, THYAMAGONDULU HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT – 562 132. 3. SMT.B.R.GEETHA, WIFE OF LATE. SURESH, AGED MAJOR, RESIDING AT CHIKKAMASKAL VILLAGE, MAGADI TALUK, RAMANAGARA, BENGALURU – 562 128. - 3 - HC-KAR CNR: KAHC010314402026 NC: 2026:KHC:46915 MFA No. 3373 of 2026 C/W MFA No. 3424 of 2026 4. SMT.RAKSHITHA, D/O LATE. SURESH, MAJOR, RESIDING AT GUNDIGERE VILLAGE, MAGADI TALUK, RAMANAGARA, BENGALURU – 561 101. 5. SMT.BHAGYA, WIFE OF SRI. SOMASHEKAR ALIAS SOMANNA, AGED MAJOR, RESIDING AT KETHOHALLI VILLAGE, DODDAALADAMARADA ROAD, TAVAREKERE HOBLI, BENGALURU – 562 130. 6. SMT.SHASHIKALA, WIFE OF SRI. CHIDANANDA, AGED MAJOR, RESIDING AT SUGGANAHALLI VILLAGE, MAGADI TALUK, RAMANAGARA, BENGALURU – 562 128. 7. SMT.LALITHA, WIFE OF SRI., AGED MAJOR, RESIDING AT KAMABATHANAHALLI VILLAGE, GULURU HOBLI, TUMKUR TALUK AND DISTRICT – 572 118. 8. SMT.MAHADEVI, WIFE OF SRI.YATISH, AGED MAJOR, - 4 - HC-KAR CNR: KAHC010314402026 NC: 2026:KHC:46915 MFA No. 3373 of 2026 C/W MFA No. 3424 of 2026 RESIDING AT BISILAHALLI VILLAGE, KUDUR HOBLI, MAGADI TALUK, BENGALURU DISTRICT – 562 127. 9. SRI.JAGADISH, SON OF SRI.CHANNAPPA, AGED MAJOR, RESIDING AT CHIKKAMASKAL VILLAGE, MAGADI TALUK, RAMANAGAR, BENGALURU DISTRICT – 562 128. 10. SRI.NATARAJ, SON OF SRI.CHANNAPPA, AGED MAJOR, RESIDING AT CHIKKAMASKAL VILLAGE, MAGADI TALUK, RAMANAGAR, BENGALURU DISTRICT – 562 128. 11. SMT.PARVATHAMMA, WIFE OF SRI. DODDASIDDAPPA, AGED MAJOR, RESIDING AT BHAKTHARAHALLI VILLAGE, DODDABALLAPUR TALUK, SASALU HOBLI, BENGALURU DISTRICT – 561 204. 12. SMT.SIDDAGANGAMMA, WIFE OF LATE.CHANNABASAVAIAH, AGED MAJOR, RESIDING AT HUNASAMARANAHALLI VILLAGE, BENGALURU – 562 157. 13. SPECIAL LAND ACQUISITION OFFICER, KARNATAKA INDUSTRIAL AREA - 5 - HC-KAR CNR: KAHC010314402026 NC: 2026:KHC:46915 MFA No. 3373 of 2026 C/W MFA No. 3424 of 2026 DEVELOPMENT BOARD, (KIADB), NO.14/3, 1ST FLOOR, MAHARSHI ARVIND BHAVAN, NRUPATHUNGA ROAD, BANGALORE – 560 001. 14. SMT.SAHANA.M, AGED MAJOR, RESIDING AT KENCHANAPURA VILLAGE, THYAMAGONDULU HOBLI, NELAMANGALA TALUK, BENGALLURU RURAL DISTRICT – 562 132. 15. SRI.T.C.MUKUNDA, SON OF LATE.G.CHENNAGIRIYAPPA, AGED MAJOR, RESIDING AT KENCHANAPURA VILLAGE, THYAMAGONDULU HOBLI, NELAMANGALA TALUK, BANGALURU RURAL DISTRICT – 562 132. 16. SRI.SIDDARAJU, SON OF SRI. BASAPPA, AGED MAJOR, RESIDING AT KENCHANAPURA VILLAGE, THYAMAGONDULU HOBLI, NELAMANGALA TALUK, BANGALURU RURAL DISTRICT – 562 132. …RESPONDENTS THIS MFA IS FILED U/S 96 OF CPC, AGAINST THE ORDER DATED 04.04.2026 PASSED ON IA NO.1 IN O.S.NO.1193/2025 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, - 6 - HC-KAR CNR: KAHC010314402026 NC: 2026:KHC:46915 MFA No. 3373 of 2026 C/W MFA No. 3424 of 2026 JMFC, NELAMANGALA, REJECTING THE IA.NO.1 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC, 1908. IN MFA NO. 3424/2026 BETWEEN: 1. SRI.S.SHANKAR, SON OF SRI. SHIVANANDA SHARMA, SON OF LATE. SMT. JYOTHI, AGED ABOUT 51 YEARS, RESIDING AT NO.3390/A, 5TH B MAIN, 2ND CROSS, HAMPINAGAR, BENGALURU – 560 104. 2. SRI. MANJUNATH S, SON OF SRI. SHIVANANDA SHARMA, SON OF LATE.SMT.JYOTHI, AGED ABOUT 43 YEARS, RESIDING AT NO.3390/A, 5TH B MAIN, 2ND CROSS, HAMPINAGAR, BENGALURU – 560 104. 3. SRI. SHIVAPRAKASH S, SON OF SRI.SHIVANANDA SHARMA, SON OF LATE. SMT.JYOTHI, AGED ABOUT 40 YEARS, RESIDING AT NO.304, 3RD FLOOR, VITHOLA APARTMENT, KALENA AGRAHARA, NEAR DECALATHON, BANNERGHATTA ROAD, BENGALURU – 560 076. …APPELLANTS (BY SRI. B.J.VEERENDRA KUMAR., ADVOCATE) - 7 - HC-KAR CNR: KAHC010314402026 NC: 2026:KHC:46915 MFA No. 3373 of 2026 C/W MFA No. 3424 of 2026 AND: 1. SRI. C. MUDDA BASAVAIAH, SON OF LATE.B.CHANDRASHEKAR, AGED MAJOR, 2. SRI.C. SHIVASHANKAR, SON OF LATE.B.CHANDRASHEKAR, AGED MAJOR, BOTH ARE RESIDING AT KENCHANAPURA VILLAGE, THYAMAGONDULU HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT – 562 132. 3. SMT.B.R.GEETHA, WIFE OF LATE. SURESH, AGED MAJOR, RESIDING AT CHIKKAMASKAL VILLAGE, MAGADI TALUK, RAMANAGARA, BENGALURU – 562 128. 4. SMT.RAKSHITHA, D/O LATE. SURESH, MAJOR, RESIDING AT GUNDIGERE VILLAGE, MAGADI TALUK, RAMANAGARA, BENGALURU – 561 101. 5. SMT.BHAGYA, WIFE OF SRI. SOMASHEKAR ALIAS SOMANNA, AGED MAJOR, - 8 - HC-KAR CNR: KAHC010314402026 NC: 2026:KHC:46915 MFA No. 3373 of 2026 C/W MFA No. 3424 of 2026 RESIDING AT KETHOHALLI VILLAGE, DODDAALADAMARADA ROAD, TAVAREKERE HOBLI, BENGALURU – 562 130. 6. SMT.SHASHIKALA, WIFE OF SRI. CHIDANANDA, AGED MAJOR, RESIDING AT SUGGANAHALLI VILLAGE, MAGADI TALUK, RAMANAGARA, BENGALURU – 562 128. 7. SMT.LALITHA, WIFE OF SRI., AGED MAJOR, RESIDING AT KAMABATHANAHALLI VILLAGE, GULURU HOBLI, TUMKUR TALUK AND DISTRICT – 572 118. 8. SMT.MAHADEVI, WIFE OF SRI.YATISH, AGED MAJOR, RESIDING AT BISILAHALLI VILLAGE, KUDUR HOBLI, MAGADI TALUK, BENGALURU DISTRICT – 562 127. 9. SRI.JAGADISH, SON OF SRI.CHANNAPPA, AGED MAJOR, RESIDING AT CHIKKAMASKAL VILLAGE, MAGADI TALUK, RAMANAGAR, BENGALURU DISTRICT – 562 128. - 9 - HC-KAR CNR: KAHC010314402026 NC: 2026:KHC:46915 MFA No. 3373 of 2026 C/W MFA No. 3424 of 2026 10. SRI.NATARAJ, SON OF SRI.CHANNAPPA, AGED MAJOR, RESIDING AT CHIKKAMASKAL VILLAGE, MAGADI TALUK, RAMANAGAR, BENGALURU DISTRICT – 562 128. 11. SMT.PARVATHAMMA, WIFE OF SRI. DODDASIDDAPPA, AGED MAJOR, RESIDING AT BHAKTHARAHALLI VILLAGE, DODDABALLAPUR TALUK, SASALU HOBLI, BENGALURU DISTRICT – 561 204. 12. SMT.SIDDAGANGAMMA, WIFE OF LATE.CHANNABASAVAIAH, AGED MAJOR, RESIDING AT HUNASAMARANAHALLI VILLAGE, BENGALURU – 562 157. 13. SPECIAL LAND ACQUISITION OFFICER, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, (KIADB), NO.14/3, 1ST FLOOR, MAHARSHI ARVIND BHAVAN, NRUPATHUNGA ROAD, BANGALORE – 560 001. 14. SMT.SAHANA.M, AGED MAJOR, RESIDING AT KENCHANAPURA VILLAGE, THYAMAGONDULU HOBLI, NELAMANGALA TALUK, BENGALLURU RURAL DISTRICT – 562 132. - 10 - HC-KAR CNR: KAHC010314402026 NC: 2026:KHC:46915 MFA No. 3373 of 2026 C/W MFA No. 3424 of 2026 15. SRI.T.C.MUKUNDA, SON OF LATE.G.CHENNAGIRIYAPPA, AGED MAJOR, RESIDING AT KENCHANAPURA VILLAGE, THYAMAGONDULU HOBLI, NELAMANGALA TALUK, BANGALURU RURAL DISTRICT – 562 132. 16. SRI.SIDDARAJU, SON OF SRI. BASAPPA, AGED MAJOR, RESIDING AT KENCHANAPURA VILLAGE, THYAMAGONDULU HOBLI, NELAMANGALA TALUK, BANGALURU RURAL DISTRICT – 562 132. …RESPONDENTS THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED 04.04.2026 PASSED ON IA NO.2 IN O.S.NO.1193/2025 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA, REJECTING THE IA.NO.II FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC, 1908. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR - 11 - HC-KAR CNR: KAHC010314402026 NC: 2026:KHC:46915 MFA No. 3373 of 2026 C/W MFA No. 3424 of 2026 ORAL JUDGMENT These appeals 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 these matters to the concerned District Court for adjudication of the matters from the stage where it is stopped. 3. Accordingly, I pass the following: O R D E R i) These appeals stand disposed of for statistical purposes; ii) Registry is directed to transfer the entire record of these cases, to the concerned - 12 - HC-KAR CNR: KAHC010314402026 NC: 2026:KHC:46915 MFA No. 3373 of 2026 C/W MFA No. 3424 of 2026 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; iv) It is made clear that this Court has not made any observation as to the merits of these cases 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 15.09.2026 without awaiting any further notice. Sd/- (PRADEEP SINGH YERUR) JUDGE BH List No.: 1 Sl No.: 5