- 1 - HC-KAR CNR: KAHC010583492023 NC: 2026:KHC:47150 MFA No. 7791 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 7791 OF 2023 (CPC) BETWEEN: 1. SRI. SHIVARAJU S/O LATE LINGEGOWDA @ DODDONU, AGED ABOUT 55 YEARS 2. SMT. PREMA W/O LATE KUMAR AGED ABOUT 48 YEARS 3. SRI. T. SACHIN S/O LATE KUMAR AGED ABOUT 29 YEARS 4. SRI. SHASHANK S/O LATE KUMAR AGED ABOUT 28 YEARS 5. SMT. JAYAMMA W/O LATE NINGEGOWDA @ CHIKKONU AGED ABOUT 76 YEARS 6. SRI. UMESH S/O LATE NINGEGOWDA @ CHIKKONU AGED ABOUT 51 YEARS 7. SMT. SARASWATHI Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010583492023 NC: 2026:KHC:47150 MFA No. 7791 of 2023 W/O LATE RAMU, DAUGHTER IN LAW OF KALLEGOWDA @ GOODEGOWDA AGED ABOUT 55 YEARS 8. SRI. NINGEGOWDA @ SHIVANNA S/O KALLEGOWDA @ GOODEGOWDA AGED ABOUT 68 YEARS ALL ARE RESIDENTS OF TUNGANI VILLAGE, KASABA HOBLI, KANAKAPURA TALUK, RAMANGARA DISTRICT. …APPELLANTS (BY SRI. RAJA L, ADVOCATE) AND: 1. SMT. JAYARATHNAMMA D/O KALLEGOWDA @ GOODEGOWDA, W/O CHIKKADURGEGOWDA, AGED ABOUT 61 YEARS RESIDING AT NO. 49/3 10TH MAIN, 10TH CROSS, SHAKAMBARINAGAR, 1ST PHASE, J.P. NAGAR, BENGALURU - 560 078. AND ALSO AT THUNGANI GATE, THUNGANI VILLAGE, KASABA HOBLI, KANAKAPURA TALUK, RAMANGARA DISTRICT. - 3 - HC-KAR CNR: KAHC010583492023 NC: 2026:KHC:47150 MFA No. 7791 of 2023 2. SMT. SUVARNAMMA W/O KRISHNEGOWDA @ LATE LINGEGOWDA @ DODDONU, AGED ABOUT 58 YEARS, RESIDING AT KALEGOWDANADODDI VILLAGE, HAROHALLI HOBLI, KANAKAPURA TALUK, RAMANGARA DISTRICT. 3. SMT. UMA W/O LATE VARADARAJU, AGED ABOUT 53 YEARS, RESIDING AT BEHIND ANTHONY INDL. ESTATE, JARAGANAHALLI, J.P. NAGAR, BENGALURU - 560 078. 4. SMT. SHIVALINGAMMA D/O KALEGOWDA @ GOODEGOWDA AGED ABOUT 69 YEARS RESIDENT OF TUNGANI VILLAGE KASABA HOBLI, KANAKAPURA TALUK RAMANAGARA DISTRICT. 5. THE LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD CAUVERY BHAVAN, K.G. ROAD BENGALURU - 560 009. 6. THE SPECIAL LAND ACQUISITION OFFICER APPAJI NURSING HOME ROAD NH-209, NO. 37, - 4 - HC-KAR CNR: KAHC010583492023 NC: 2026:KHC:47150 MFA No. 7791 of 2023 SRI. BYRAVESHWARA COMPLEX MALAVALLI TOWN, MANDYA DISTRICT. …RESPONDENTS (BY SRI. NATARAJ BABA K, ADVOCATE FOR R1; SRI. H.L. PRADEEP KUMAR, ADVOCATE FOR R5; SMT. SHILPA SHAH, ADVOCATE FOR R6; R3 IS SERVED AND UNREPRESENTED) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 07.08.2023 PASSED ON I.A. NO.16 IN O.S.NO. 450/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, KANAKAPURA, ALLOWING THE I.A. NO.16 FILED UNDER ORDER XXXIX RULES 1 AND 2 READ WITH SECTION 151 OF CPC. 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 - 5 - HC-KAR CNR: KAHC010583492023 NC: 2026:KHC:47150 MFA No. 7791 of 2023 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; iii) In case there are pending applications, the same also be transferred to be considered by - 6 - HC-KAR CNR: KAHC010583492023 NC: 2026:KHC:47150 MFA No. 7791 of 2023 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) Since the parties are represented before this Court, they shall appear before the learned District Judge on 22.09.2026 without awaiting any further notice. Sd/- (PRADEEP SINGH YERUR) JUDGE SSD List No.: 1 Sl No.: 12