- 1 - HC-KAR CNR: KAHC010495292021 NC: 2026:KHC:46582 MFA No. 7203 of 2021 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. 7203 OF 2021 (CPC) BETWEEN: MR. T. EDWIN D'SOUZA S/O. LATE SYLVESTER D' SOUZA AGED ABOUT 60 YEARS REPRESENTED BY HIS GPA HOLDER MR. ROLSON RAJ D' SOUZA S/O. WALTER JACOB D' SOUZA AGED ABOUT 29 YEARS R/AT DECCHARU HOUSE MOODANADUGODU, BANTWAL POST BANTWAL TALUK - 574 219. …APPELLANT (BY SRI SACHIN B.S., ADVOCATE) AND: 1. MR. MATHEW P.F. D' SOUZA S/O. LATE SYLVESTER D' SOUZA AGED ABOUT 63 YEARS R/AT G-2, HILLSIDE FERNS ESI ROAD, SHIVABAGH MANGALURU - 575 002. 2. MR. MICHAEL J. D' SOUZA S/O. LATE SYLVESTER D' SOUZA AGED ABOUT 61 YEARS R/AT GROUND FLOOR DIVYA JYOTHI APARTMENT ESI ROAD, SHIVABAGH MANGALURU - 575 002. …RESPONDENTS (BY SRI RAKESH KINI, ADVOCATE FOR R1 AND R2) Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010495292021 NC: 2026:KHC:46582 MFA No. 7203 of 2021 THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 31.08.2021 PASSED ON I.A.NO.2 IN O.S.NO.73/2021 BY II ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MANGALURU, DAKSHINA KANNADA. THIS APPEAL, COMING ON FOR HEARING, 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 District Court for adjudication of the matter from the stage where it is stopped. - 3 - HC-KAR CNR: KAHC010495292021 NC: 2026:KHC:46582 MFA No. 7203 of 2021 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 are left open to be agitated before the concerned Appellate Court; Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 55