- 1 - HC-KAR CNR: KAHC010091132025 NC: 2026:KHC:46500 MFA No. 1050 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 1050 OF 2025 (CPC) BETWEEN: H.C. RAMANNA AGED ABOUT 58 YEARS S/O. LATE CHIKKATHIMMAIAH @ SAVALAIAH, RESIDING AT NO.1, 4TH CROSS ROAD 10TH MAIN ROAD JNANA JYOTHI NAGARA MALLATHAHALLI, BANGALORE - 560 056. …APPELLANT (BY SRI SHIVASHARANAPPA M., ADVOCATE) AND: 1. RAMAKRISHNA AGED ABOUT 60 YEARS S/O. LATE CHIKKATHIMMAIAH @ SAVALAIAH, RESIDING AT HEGGADATHIHALLI VILLAGE MODUR POST, KASABA HOBLI KUNIGAL TALUK TUMKUR DISTRICT - 572 130. 2. SMT. THIBBAMMA AGED ABOUT 75 YEARS W/O. LATE CHIKKATHIMMAIAH @ SAVALAIAH, R/O. HEGGADATHAHALLI VILLAGE KASABA HOBLI, KUNIGAL TALUK TUMKUR DISTRICT - 572 130. 3. SRI NARASIMHAIAH Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010091132025 NC: 2026:KHC:46500 MFA No. 1050 of 2025 AGED ABOUT 46 YEARS S/O. LATE CHIKKATHIMMAIAH @ SAVALAIAH, R/O. HEGGADATHAHALLI VILLAGE KASABA HOBLI, KUNIGAL TALUK TUMKUR DISTRICT - 572 130. 4. SMT. CHIKKATHIMMAMMA AGED ABOUT 60 YEARS W/O. KAPANAIAH D/O. CHIKKATHIMMAIAH @ SAVALAIAH, R/O. KORATI ILLAGE, AMRUTHUR HOBLI KUNIGAL TALUK TUMKUR DISTRICT - 572 130. 5. SMT. VENKATALAKSHMAMMA AGED ABOUT 55 YEARS W/O. NANJUNDAIAH D/O. LATE CHIKKATHIMAIAH @ SAVALAIAH, R/O. SHETTIPURA VILLAGE, AMRUTHUR HOBLI KUNIGAL TALUK TUMKUR DISTRICT - 572 130. 6. SMT. MANJULA @ MANGAMMA AGED ABOUT 44 YEARS W/O. RAMACHANDRA D/O. LATE CHIKKATHIMMAIAH @ SAVALAIAH, RESIDING AT NO.13 MARAKANDAIAH TEMPLE ROAD BODA BANDE ANJANEYA SWAMY TEMPLE 8TH MAIN ROAD, SRIGANDHANAGARA SUNKADAKATTE, BENGALURU - 560 091. 7. KUMARI NINGAMMA AGED ABOUT 42 YEARS D/O. LATE CHIKKATHIMMAIAH @ SAVALAIAH R/O. HEGGADATHAHALLI VILLAGE KASABA HOBLI, KUNIGAL TALUK - 3 - HC-KAR CNR: KAHC010091132025 NC: 2026:KHC:46500 MFA No. 1050 of 2025 TUMKUR DISTRICT - 572 130. …RESPONDENTS (R1, R2, R5 AND R6 ARE SERVED AND UNREPRESENTED) THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 20.11.2024 PASSED ON I.A.NO.IX IN O.S.NO.55/2017 BY THE ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., KUNIGAL. 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. 2. In view of the above, this Court deems it appropriate to transfer this matter to the concerned - 4 - HC-KAR CNR: KAHC010091132025 NC: 2026:KHC:46500 MFA No. 1050 of 2025 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; 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 - 5 - HC-KAR CNR: KAHC010091132025 NC: 2026:KHC:46500 MFA No. 1050 of 2025 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 CPN List No.: 1 Sl No.: 4