- 1 - HC-KAR CNR: KAHC010110902025 NC: 2026:KHC:47422 MFA No. 1250 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 1250 OF 2025 (CPC) BETWEEN: 1. M/S VASAVI HOUSING CO OPERATIVE SOCIETY LTD. HAVING ITS OFFICE AT NO 108, "SRICHAKRA", EAST PARK ROAD, MALLESHWARAM, BENGALURU 560 003. REPRESENTED BY ITS SECRTETARY, MRS. UMA N. …APPELLANT (BY SRI. PRASANNA KUMAR C S.,ADVOCATE) AND: 1. SRI D R MANJUNATH S/O D M RAMANJANAPPA, AGED ABOUT 35 YEARS, 2. SRI D R NAVEEN KUMAR S/O D M RAMANJANAPPA, AGED ABOUT 33 YEARS, R1 & R2 ARE RESIDING AT: DOMBARAHALLI , LAKSHMIPURA POST, DASANAPURA HOBLI, BENGALURU RURAL DISTRICT-562 162. 3. SRI D M RAMANJANAPPA S/O LATE MUDDAHANUMAIAH, AGED ABOUT 69 YEARS, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010110902025 NC: 2026:KHC:47422 MFA No. 1250 of 2025 4. SRI D M HANUMANTHAPPA S/O LATE MUDDAHANUMAIAH, AGED ABOUT 72 YEARS, 5. SRI D M SHIVAKUMAR S/O D M HANUMANTHAPPA, AGED ABOUT 44 YEARS, 6. SRI D M VIJAY KUMAR S/O D M HANUMANTHAPPA AGED ABOUT 41 YEARS 7. SRI D M MUDDU KIRAN S/O D M HANUMANTHAPPA, AGED ABOUT 36 YEARS, 8. SRI REVANNA @ REVAIAH S/O LATE LINGE GOWDA, @ LINGAPPA, AGED ABOUT 97 YEARS, 9. SMT BYRAMMA W/O RAMANJANAPPA, D/O REVANNA @ REVAIAH, AGED ABOUT 66 YEARS, 10. SRI M.R BYRE GOWDA S/O REVANNA @ REVAIAH, AGED ABOUT 59 YEARS, 11. SRI M R NAGARAJA S/O REVANNA @ REVAIAH, AGED ABOUT 57 UEARS, 12. SMT YASHODAMMA W/O RENUKAPPA, AGED ABOUT 56 YEARS, 13. SMT RAMYA D/O M R RENUKAPPA - 3 - HC-KAR CNR: KAHC010110902025 NC: 2026:KHC:47422 MFA No. 1250 of 2025 W/O DHANANJAYA AGED ABOUT 37 YEARS 14. SMT SOUMYA D/O M R RENUKAPPA, W/O RAVI KUMAR, AGED ABOUT 37 YEARS, 15. SAVITHA D/O M R RENUKAPPA AGED ABOUT 37 YEARS 16. LATHA W/O BYRE GOWDA, AGED ABOUT 49 YEARS, 17. MISS M B MANASA D/O M R BYRE GOWDA AGED ABOUT 29 YEARS 18. SRI M M B DEEPAK S/O M R BYRE GOWDA, AGED ABOUT 26 YEARS, 19. SMT LAKSHMI DEVI W/O M R NAGARAJA, AGED ABOUT 46 YEARS, 20. MASTER MARUTHI S/O M R NAGARAJA AGED ABOUT 17 YEARS. SINCE REPSONDENT NO 20 IS MINOR HE IS REPRESENTED BY HIS NATURAL GUARDIAN FATHER MR M R NAGARAJA RESPONDNET NOS.3 TO 20 ARE PERMANANT RESIDENTS OF MATHAHALLI VILLAGE, DASANAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU. - 4 - HC-KAR CNR: KAHC010110902025 NC: 2026:KHC:47422 MFA No. 1250 of 2025 21. SRI M R MOHAN MURTHY S/O M RAMAIAH AGED ABOUT 78 YEARS, PARTNER OF M/S SHREE, ASSOCIATES AND DEVELOPERS, A REGISTERED PARTNERSHIP FIRM NO.41, CAMBRIDGE LAYOUT, INDIRANGAR, BENGALURU 560 038. 22. M/S SHREE ASSOCIATES AND DEVELOPERS A REGISTERED PARTNERSHIP FIRM, NO.41, CAMBRIDGE LAYOUT, INDIRANAGAR, BENGALURU 560 038. 23. SHREE SAI ASSOCIATES A REGISTERED PARTNERSHIP FIRM, HAVING ITS REGISTERED OFFICE AT NO.102, ANAND RAO EXTENSION, 3RD CROSS, GANDHINAGAR, BENGALURU 560 009. REPRESENTED BY ITS MANAGING PARTNER. 24. SRI S KRISHNAIAH S/O LATE SIDDAIAH, AGED ABOUT 56 YEARS, NO.60, GANGA COMPLEX, JAIMUNI RAO CIRCLE, MAGADI MAIN ROAD, AGRAHARA DASARAHALLI, BENGALURU 560 079. …RESPONDENTS (BY SRI. JAYAPRAKASH SHETTY. B., ADV. FOR C/R1 & R2) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 04.11.2024 PASSED ON I.A. NO.2 IN O.S.NO.697/2015 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA, ALLOWING THE I.A. NO.2 FILED UNDER ORDER XXXIX RULE 1 AND 2 OF CPC. - 5 - HC-KAR CNR: KAHC010110902025 NC: 2026:KHC:47422 MFA No. 1250 of 2025 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 District Court for adjudication of the matter from the stage where it is stopped. - 6 - HC-KAR CNR: KAHC010110902025 NC: 2026:KHC:47422 MFA No. 1250 of 2025 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. - 7 - HC-KAR CNR: KAHC010110902025 NC: 2026:KHC:47422 MFA No. 1250 of 2025 v) List this matter before the District Court on 24.09.2026. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 7