- 1 - HC-KAR CNR: KAHC010505162025 NC: 2026:KHC:47172 MFA No. 5695 of 2025 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. 5695 OF 2025 (CPC) BETWEEN: SRI. D. ARJUN, S/O. LATE. DHAMAIAH, AGED ABOUT 56 YEARS, R/AT. GEDDALAHALLI, MODALAKOTE, NELAMANGALA TALUK - 562 123. …APPELLANT (BY SRI. SIDDARAMAIAH V.B., ADVOCATE) AND: 1. SMT. GANGAMMA, W/O. LATE. CHIKKATHIMMAIAH, AGED ABOUT 69 YEARS, 2. SMT. CHIKKA MANGALAMMA, D/O. LATE. RANGAPPA, AGED ABOUT 56 YEARS,R 3. SRI. RAJANNA, S/O. LATE. DODDATHIMMAIAH, AGED ABOUT 66 YEARS, 4. SRI. DEVARAJU, S/O. LATE. THIMMAIAH, AGED ABOUT 56 YEARS, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010505162025 NC: 2026:KHC:47172 MFA No. 5695 of 2025 5. SRI. GOPALA, S/O. LATE. THIMMAIAH, AGED ABOUT 51 YEARS, 6. SRI. LAKSHMI NARAYANA, S/O. LATE. THIMMAIAH, AGED ABOUT 47 YEARS, 7. SRI. SRINIVAS, S/O. LATE. KARETHIMMAIAH, AGED ABOUT 57 YEARS, ALL ARE R/AT. BEHIND KEB POWER STATION, ANTHARASANAHALLI, TUMAKURU - 572 106. 8. SMT. LAKSHMAMMA, W/O. LATE. CHIKKATHIMMAIAH, AGED ABOUT 56 YEARS, R/AT. OLD POST OFFICE ROAD, BESIDE VENKATADASAPPA (POLICE), SIRA GATE, MADHUGIRI ROAD, TUMAKURU - 572 106. 9. SRI. KRISHNAMURTHY @ KRISHNAPPA, S/O. LATE. SHANKARAPPA, AGED ABOUT 59 YEARS, R/AT. BHAVYASHREE HOTEL, OPP. TO VINAKAYA ENTERPRISES, NEAR BUS STAND, YALLAPURA, TUMAKURU - 572 106. 10. SMT. JAYAMMA, D/O. LATE. CHANKARAPPA, AGED ABOUT 61 YEARS, - 3 - HC-KAR CNR: KAHC010505162025 NC: 2026:KHC:47172 MFA No. 5695 of 2025 R/AT. OPP. TO MARKET ANTHARASANAHALLI, TUMAKURU - 572 106. 11. SMT. LAKSHMIDEVAMMA, D/O. LATE. SHANKARAPPA, AGED ABOUT 66 YEARS, R/AT. BESIDE RAGHAVENDRA BAKERY, YALLAPURA, TUMAKURU - 572 106. 12. SMT. THIMMAKKA, D/O. LATE. SANJEEVAIAH, AGED ABOUT 71 YEARS, R/AT. OPP. TO MARKET, ANTHARASANAHALLI, TUMAKURU - 572 106. …RESPONDENTS THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED 05.07.2025 PASSED ON IA NOS. 2 AND 3 IN O.S.NO.848/2024 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, TUMAKURU, ALLOWING THE IA.NOS II AND III FILED U/O.39 RULE 1 AND 2 R/W SEC.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 - 4 - HC-KAR CNR: KAHC010505162025 NC: 2026:KHC:47172 MFA No. 5695 of 2025 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: 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; - 5 - HC-KAR CNR: KAHC010505162025 NC: 2026:KHC:47172 MFA No. 5695 of 2025 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 District Judge on 22.09.2026 without awaiting any further notice. Sd/- (PRADEEP SINGH YERUR) JUDGE SSD List No.: 1 Sl No.: 43