- 1 - HC-KAR CNR: KAHC010432772017 NC: 2026:KHC:48133 MFA No. 9533 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 9533 OF 2017 (CPC) BETWEEN: SHRI. VIKAS B.V. S/O. LATE SRI. VENKATESH B.V. AGED ABOUT 38 YEARS, R/AT 1192/A, BALAKRISHNA RAO ROAD, CHAMARAJAPURAM, MYSORE 570 005. …APPELLANT (BY SRI. RESHMA THAMMAIAH., ADVOCATE) AND: 1. SHRI. VAIBHAV B V S/O. LATE. SHRI. VENKATESH B.V. R/AT APARTMENTS GRAINS OF SAND, BUILT BY OXYGEN GROUP, ADIPAMA ROAD, MYSURU 570 020. 2. SMT. KUSUMA B.V. W/O. LATE. SHRI. VENKATESH B.V. AGED ABOUT 60 YEARS, R/AT FLAT IN BEGONIA, SANKALP CENTRAL PARK, JAWA MAIN ROAD, YADAVAGIRI, MYSURU 570 020. Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010432772017 NC: 2026:KHC:48133 MFA No. 9533 of 2017 3. SHRI. SUDHEER KUMAR M.A. S/O. LATE. SHRI. M.S. ANANTHARAJAIAH, AGED ABOUT 57 YEARS, R/AT PLOT NO.565, FIRST MAIN, BUDDHA MARGA, SIDDHARTHA LAYOUT, MYSURU 570 011. 4. SHRI. DHARMARAJ M.A. S/O. LATE. SHRI. M.S. ANANTHARAJAIAH, AGED ABOUT 58 YEARS, R/AT PLOT NO. 565, FIRST MAIN, BUDDHA MARGA, SIDDHARTHA LAYOUT, MYSURU 570 011. 5. SHRI. MOHAN M.A. S/O. LATE. SHRI. M.S. ANANTHARAJAIAH, AGED ABOUT 61 YEARS, R/AT FIRST MAIN, BUDDHA MARGA, SIDDHARTHA LAYOUT, MYSURU 570 011. 6. SMT. MADHURA W/O. SHRI. SUDHEER KUMAR M.A. AGED ABOUT 45 YEARS, R/AT PLOT NO.565, FIRST MAIN ROAD, SIDDHARTHA LAYOUT, MYSURU 570 011. 7. SHRI. C BASAVE GOWDA S/O. LATE. SHRI. SINGRI GOWDA, AGED ABOUT 60 YEARS, R/AT NO.218, 4TH CROSS, 1ST STAGE, GANGOTRI LAYOUT, MYSURU-570 011. 8. SMT. SUDHA W/O. SHRI. C. BASAVE GOWDA, - 3 - HC-KAR CNR: KAHC010432772017 NC: 2026:KHC:48133 MFA No. 9533 of 2017 AGED ABOUT 50 YEARS, R/AT NO. 218, 4TH CROSS, 1ST STAGE, GANGOTRI LAYOUT, MYSURU-570 011. 9. SMT. JAYASHREE W/O. SHRI. DHARMARAJ M.A. AGED ABOUT 50 YEARS, R/AT PLOT NO. 565, FIRST MAIN, BUDDHA MARGA, SIDDHARTHA LAYOUT, MYSURU 570011. 10. SMT. SHANTHA W/O. SHRI. MOHAN M A, AGED ABOUT 53 YEARS, R/AT PLOT NO. 565, FIRST MAIN, BUDDHA MARGA, SIDDHARTHA LAYOUT, MYSURU 570 011. 11. SMT. JAMUNA W/O. SHRI. P NITHYANANDA, AGED ABOUT 52 YEARS, R/AT 62, GOKULAM MAIN ROAD, JAYALAKSHMIPURAM, MYSURU 570 012. 12. SHRI. HARISH DARERA S/O. SHRI. SHIVAPRASAD, AGED ABOUT 37 YEARS, R/AT KARIGHATTA ROAD, GANJAM SRIRANGAPATTANA TALUK, DISRICT MANDYA-571 438. …RESPONDENTS (BY SRI. ABHISHEK MALI PATIL., ADVOCATE, FOR R1 & R2.,) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE JUDGMENT AND AWARD DATED 07.12.2017 PASSED ON IA NO.1 IN O.S.NO.478/2015 ON THE FILE OF THE 4TH ADDITIONAL SENIOR CIVIL JUDGE & JMFC, MYSURU, ALLOWING IA NO.1 FILED U/O.39 RULE 1&2 OF CPC. - 4 - HC-KAR CNR: KAHC010432772017 NC: 2026:KHC:48133 MFA No. 9533 of 2017 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. - 5 - HC-KAR CNR: KAHC010432772017 NC: 2026:KHC:48133 MFA No. 9533 of 2017 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 - 6 - HC-KAR CNR: KAHC010432772017 NC: 2026:KHC:48133 MFA No. 9533 of 2017 are left open to be agitated before the concerned Appellate Court. v) Parties to appear before the District Court on 25.09.2026. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 3