- 1 - HC-KAR CNR: KAHC010208162025 NC: 2026:KHC:45740 MFA No. 2291 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. 2291 OF 2025 (CPC) BETWEEN: M/S MVN INFRASTRUCTURE PVT LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT HAVING ITS REGIONAL OFFICE AT 2ND FLOOR, JANSON'S MALL, PLOT NO.48, MEENAKUNTE, AIRPORT ROAD, JALA HOBLI, BANGALORE - 562 157 REPRESENTED BY ITS AUTHORISED SIGNATORY, MR SAURABH KAUSHIK …APPELLANT (BY SRI. VAMSHI KRISHNA C., ADVOCATE) AND: 1. MS TARA VENKATESH W/O LATE VENKATESH, AGED ABOUT 73 YEARS, 2. MR. SHRIDHAR VENKATESH S/O LATE VENKATESH, AGED ABOUT 54 YEARS, 3. MR. PRABHU VENKATESH S/O LATE VENKATESH, AGED ABOUT 51 YEARS, 4. MR. SHASHIDHAR VENKATESH S/O LATE VENKATESH, AGED ABOUT 47 YEARS, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010208162025 NC: 2026:KHC:45740 MFA No. 2291 of 2025 ALL OF THEM ARE RESIDING AT NO.16, FLAT NO.A102, AJMERA ARISTA APARTMENTS, SERVICE RING ROAD, BANASWADI, KALYAN NAGAR, BANGALORE - 560 043 …RESPONDENTS (BY SRI. CHETANA K., ADVOCATE FOR C/R1 TO R4) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 07.03.2025 PASSED ON I.A. NO.1 IN O.S.NO.97/2023 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, REJECTING I.A. NO.1 FILED UNDER ORDER XXXIX RULE 1 AND 2 READ WITH SECTION 151 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) - 3 - HC-KAR CNR: KAHC010208162025 NC: 2026:KHC:45740 MFA No. 2291 of 2025 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. - 4 - HC-KAR CNR: KAHC010208162025 NC: 2026:KHC:45740 MFA No. 2291 of 2025 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 appellant 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.: 28