- 1 - HC-KAR CNR: KAHC010480492021 NC: 2026:KHC:47567 MFA No. 6912 of 2021 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. 6912 OF 2021 (CPC) BETWEEN: SRI. GANESH S. NAYAK AGED ABOUT 50 YEARS S/O SUNDER S. NAYAK RESIDING AT NO. 2-123, F/4 SRI LAKSHMI GANESH POST KOTEKAR - 575 022 KUMPALA, MANGALORE. …APPELLANT (BY SRI. CHANDRANATH ARIGA K, ADVOCATE) AND: 1. SMT. AMBIKA G. NAYAK W/O SRI. GANESH S NAYAK AGED ABOUT 45 YEARS HOUSE NO. 43B, ANANTHA NAGAR MANIPAL - 576 104 UDUPI TALUK AND DISTRICT. 2. SRI. B. MANJUNATHA S/O BASAVEGOWDA AGED 42 YEARS HOUSE NO. 303, 7TH CROSS HALAHALLI, MANDYA - 571 401. 3. SRI. K. VASUDEVA PRABHU S/O LATE GOVIDA PRABHU Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010480492021 NC: 2026:KHC:47567 MFA No. 6912 of 2021 AGED ABOUT 73 YEARS HOUSE NO. 43B, ANANTHA NAGAR MANIPAL - 576 104 UDUPI TALUK AND DISTRICT. …RESPONDENTS (BY SRI. G. BALAKRISHNA SHASTRY, ADVOCATE) THIS MFA IS FILED U/O 43 RULE 1(q) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 28.03.2019 PASSED ON I.A.NO.2 IN OS.NO.434/2018 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MANGALURU, DISMISSING THE PETITION FILED UNDER ORDER 38 RULE 5 AND 2 R/W SECTION 151 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. - 3 - HC-KAR CNR: KAHC010480492021 NC: 2026:KHC:47567 MFA No. 6912 of 2021 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 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 - 4 - HC-KAR CNR: KAHC010480492021 NC: 2026:KHC:47567 MFA No. 6912 of 2021 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.: 33