Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010108442025 NC: 2026:KHC:48161 MFA No. 1224 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 1224 OF 2025 (CPC) BETWEEN:
1.
SRI. DEVARAJU H.M.
S/O. LATE MUTTHURAYAPPA, AGED ABOUT 35 YEARS, R/AT HOTTAPPANAPALYA, GORAGHATTA DAKLE, THYAMAGONDLU HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT - PIN NO. 562 123. …APPELLANT (BY SRI. LAKSHMIKANTH K., ADVOCATE) AND:
1.
SRI. SIDDARAJU, S/O. LATE HANUMANTHAIAH, AGED ABOUT 32 YEARS,
2.
SRI. SIDDAGANGAMMA, D/O. LATE HANUMANTHAIAH, AGED ABOUT 30 YEARS, BOTH ARE R/AT CHIKKANNANAPALYA VILLAGE, THYAMAGONDLU HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT, PIN - 562 123. …RESPONDENTS
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 19.12.2024 PASSED ON I.A.
NO.1 IN O.S.NO.725/2023 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA, REJECTING
Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010108442025 NC: 2026:KHC:48161 MFA No. 1224 of 2025
I.A. NO.1 FILED UNDER ORDER XXXIX RULE 1 AND 2 READ WITH 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.
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.
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HC-KAR
CNR: KAHC010108442025 NC: 2026:KHC:48161 MFA No. 1224 of 2025
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 and all rights and contentions of the parties are left open to be agitated before the concerned Appellate Court.
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HC-KAR
CNR: KAHC010108442025 NC: 2026:KHC:48161 MFA No. 1224 of 2025
v) List this matter before the District Court on
25.09.2026.
Sd/- (PRADEEP SINGH YERUR) JUDGE
RCK List No.: 1 Sl No.: 37