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2026 DAILYLAW 39361 (KAR)

MRS. JYOTHSNA BANGERA v. MR. SACHA GREENWOOD

MFA/1818/2025 · 2026-09-07

Pradeep Singh Yerur

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010172852025 NC: 2026:KHC:48837 MFA No. 1818 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 1818 OF 2025 (CPC) BETWEEN: 1. MRS. JYOTHSNA BANGERA D/O LATE MEERA BALAKRISHNA GOWDA AGED ABOUT 69 YEARS, GREEN FIELDS, POST AIVARNADU VILLAGE - 574 239 SULLIA TALUK, D.K. DISTRICT. 2. PAMELA W/O LATE SANDEEP AGED ABOUT 63 YEARS, 3. NATASHA D/O LATE SANDEEP, AGED ABOUT 38 YEARS 4. TRISHA D/O ATE SANDEEP, AGED ABOUT 34 YEARS APPELLANTS NO.2 TO4 ARE ALL R/AT NO. 463, 8TH MAIN, 4TH BOCK, KORAMANGALA BENGALURU - 560 034 Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010172852025 NC: 2026:KHC:48837 MFA No. 1818 of 2025 APPELLANTS NO.2 TO 4 ARE REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER MRS. JYOTHSNA BANGERA APPELLANT NO.1 …APPELLANTS (BY SRI. CHANDRANATH ARIGA K., ADVOCATE) AND: 1. MR. SACHA GREENWOOD S/O APARAJITHA AGED ABOUT 42 YEARS, 2. ALEXIS GREENWOOD S/O APARAJITHA AGED ABOUT 40 YEARS 3. MARCUS GREENWOOD S/O APARAJITHA AGED ABOUT 26 YEARS RESPONDENTS NO.1 TO 3 ARE R/AT G-06, SKYLARK ARCDIA-2, KODIGEHALLI MAIN ROAD, SHATKHI LAYOUT, KODIGEHAI, KRISHNARAJAPURAM, BENGALURU - 560 036 4. CILARA JANE ALIAS GREENWOOD D/O APARAJITA, R/AT VILLA 17, SKYLARK, ARCADIA-1 KODIGEHALLI MAIN ROAD, SHATKHI LAYOUT, KODIGEHAI, KRISHNARAJAPURAM, BENGALURU - 560 036 …RESPONDENTS (BY SRI. SWAMY N.B.N., ADVOCATE FOR R1 TO R4) - 3 - HC-KAR CNR: KAHC010172852025 NC: 2026:KHC:48837 MFA No. 1818 of 2025 THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 18.02.2025 PASSED ON I.A.NO.5 IN OS.NO. 14/2024ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, SULLIA, D.K., ALLOWING THE IA.NO.V THE FILED UNDER ORDER 39 RULE 1 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 Learned counsel for the appellants and learned counsel for respondents are present. 2. 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- - 4 - HC-KAR CNR: KAHC010172852025 NC: 2026:KHC:48837 MFA No. 1818 of 2025 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. 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. 4. 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 - 5 - HC-KAR CNR: KAHC010172852025 NC: 2026:KHC:48837 MFA No. 1818 of 2025 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 05.10.2026 without awaiting any further notice. Sd/- (PRADEEP SINGH YERUR) JUDGE PSJ List No.: 1 Sl No.: 26