- 1 - HC-KAR CNR: KAHC010199582024 NC: 2026:KHC:47434 MFA No. 2139 of 2024 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. 2139 OF 2024 (CPC) BETWEEN: SRI. K A LAKSHMINARAYANA SETTY S/O K S AHWATHANARAYANA SETTY AGED ABOUT 88 YEARS, R/AT HARI NIVAS, 3RD CROSS, K R EXTENSION, TUMAKURU TOWN, TUMAKURU 572 101. …APPELLANT (BY SRI. V B SIDDARAMAIAH.,ADVOCATE) AND: 1. SRI. ASHOK S/O LATE DODDAIAH, AGED ABOUT 72 YEARS, 2. SMT CHETHANA D/O ASHOK, AGED ABOUT 36 YEARS, 3. SMT CHAITHRA D/O ASHOK, AGED ABOUT 33 YEARS 4. SMT ARCHANA D/O ASHOK, AGED ABOUT 31 YEARS, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010199582024 NC: 2026:KHC:47434 MFA No. 2139 of 2024 5. SMT DIVYA JYOTHI A D/O ASHOK, AGED ABOUT 28 YEARS, RESPONDNET NOS.1 TO 5 ARE ALL R/AT OPP. OF D.C.BUNGLOW, SIRAGATE, TUMAKURU TOWN, TUMAKURU 572 106. …RESPONDENTS (BY SRI. HARISH H V.,ADVOCATE FOR R1 TO R5) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 13.03.2024 PASSED ON I.A. NO.1 IN O.S.NO. 783/2022 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, TUMAKURU, DISMISSING THE I.A. NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 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 - 3 - HC-KAR CNR: KAHC010199582024 NC: 2026:KHC:47434 MFA No. 2139 of 2024 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. - 4 - HC-KAR CNR: KAHC010199582024 NC: 2026:KHC:47434 MFA No. 2139 of 2024 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) Learned counsel for appellants and learned counsel for the respondents are present. Hence, the parties shall appear before the learned District Judge on 24.09.2026 without awaiting further notice. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK, List No.: 1 Sl No.: 29