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2026 DAILYLAW 38874 (KAR)

SRI M PRASHANTH KUMAR v. SRI M SRIDHAR BABU

MFA/5145/2026 · 2026-08-29

Pradeep Singh Yerur

Special Leave Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010471282026 NC: 2026:KHC:47565 MFA No. 5145 of 2026 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.5145 OF 2026 (CPC) BETWEEN: SRI. M. PRASHANTH KUMAR, S/O LATE K.M.MAYANNA GOWDA, AGED ABOUT 51 YEARS, RESIDING AT NO.13, SARAKKI MAIN ROAD, ARYANAGAR, J. P. NAGAR 1ST PHASE, BENGALURU – 560 078. …APPELLANT (BY SRI. ASHOKA T., ADVOCATE) AND: SRI. M. SRIDHAR BABU, S/O LATE K. M. MAYANNA GOWDA, AGED ABOUT 58 YEARS, RESIDING AT NO.13, 1ST FLOOR, SARAKKI MAIN ROAD, ARYANAGAR, J.P.NAGAR 1ST PHASE, BENGALURU – 560 078. …RESPONDENT THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED 24.04.2026 PASSED ON IA NO.1 IN O.S.NO.251/2025 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, DODDABALLAPURA, DISMISSING THE Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010471282026 NC: 2026:KHC:47565 MFA No. 5145 of 2026 IA.NO.1. FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC, 1908. 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 District Court for adjudication of the matter from the stage where it is stopped. 3. Accordingly, I pass the following: - 3 - HC-KAR CNR: KAHC010471282026 NC: 2026:KHC:47565 MFA No. 5145 of 2026 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; v) Since the parties are represented before this Court, they shall appear before the learned - 4 - HC-KAR CNR: KAHC010471282026 NC: 2026:KHC:47565 MFA No. 5145 of 2026 District Judge on 22.09.2026 without awaiting any further notice. Sd/- (PRADEEP SINGH YERUR) JUDGE SSD List No.: 1 Sl No.: 52