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2026 DAILYLAW 38846 (KAR)

SMT JAYALAKSHMI @ JAYALAKSHMAMMA v. SMT NAGARATHNA

MFA/9464/2025 · 2026-09-01

Pradeep Singh Yerur

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010811042025 NC: 2026:KHC:47459 MFA No. 9464 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. 9464 OF 2025 (CPC) BETWEEN: 1. SMT JAYALAKSHMI @ JAYALAKSHMAMMA D/O MAYAGAIAH @ MAYAGAPPA W/O M.RAMACHANDRAIAH, AGED ABOUT 58 YEARS, R/AT NO.7/3, 9TH MAIN, NEAR VIDHYADAYANI SCHOOL, PALACE GUTTAHALLI, MALLESHWARAM, BENGALURU-560003. 2. SRI.KUMARA S/O MAYAGAIAH @ MAYAGAPPA, AGED ABOUT 58 YEARS, 3. SMT.SHYLAJA W/O KUMARA M. AGED ABOUT 51 YEARS APPELLANT Nos.2 AND 3 ARE R/AT NO.L 90, 9TH MAIN ROAD, PALACE GUTTAHALLI, MALLESHWARAM, BENGALURU-560 003. 4. SMT.BHAGYAMMA @ BHAGYA D/O LATE MUNIYAPPA, AGED ABOUT 39 YEARS, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010811042025 NC: 2026:KHC:47459 MFA No. 9464 of 2025 R/AT NO.230, 1ST CROSS MANJUNATHA LAYOUT, NAGASHETTIHALLI, BENGALURU-560 094. 5. SRI.CHANDRASHEKARA S/O LATE MUNIYAPPA, AGED ABOUT 37 YEARS, R/AT NO.7/3, 9TH MAIN ROAD, PALACE GUTTAHALLI, MALLESHWARAM, BENGALURU-56003. 6. SMT.MALINI D/O LATE MUNIYAPPA AGED ABOUT 35 YEARS, R/AT NO.246, MANJUNATHA EXTENSION, 1ST CROSS, BENGALURU-560 094. …APPELLANTS (BY SRI. B R VISWANATH., ADVOCATE) AND: 1. SMT NAGARATHNA W/O LATE ESHWARA SHET, AGED 68 YEARS, R/AT NO.13, 'MANJU KRUPA', 15TH CROSS, 6TH TEMPLE ROAD, MALLESHWARAM, BENGALURU-560 003. 2. SMT.PADMAVATHI W/O CHANDRASHEKAR, AGED 33 YEARS, R/AT NO.49, 11TH CROSS, MUNIVEERAPPA BLOCK, PALACE GUTTAHALLI, MALLESHWARAM, BENGALURU-560 003. …RESPONDENTS (BY SRI. SIDDARAMAIAH V B.,ADV. A/W SRI. J.T. VENKATESHA. ADV. FOR C/R1) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.19.11.2025 PASSED ON I.A.NO.1 - 3 - HC-KAR CNR: KAHC010811042025 NC: 2026:KHC:47459 MFA No. 9464 of 2025 IN O.S.NO.460/2023 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA, ALLOWING IA NO. 1 FILED U/O.39 RULE 1 AND 2 OF CPC. THIS APPEAL, COMING ON FOR ADMISSION, 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: KAHC010811042025 NC: 2026:KHC:47459 MFA No. 9464 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 - 5 - HC-KAR CNR: KAHC010811042025 NC: 2026:KHC:47459 MFA No. 9464 of 2025 and all rights and contentions of the parties are left open to be agitated before the concerned Appellate Court. v) Parties to appear before the District Court on 24.09.2026. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 36