- 1 - HC-KAR CNR: KAHC010008462022 NC: 2026:KHC:48164 MFA No. 265 of 2022 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. 265 OF 2022 (CPC) BETWEEN: 1. SMT. B. JAYALAKSHMAMMA W/O LATE. D. DOLLEGOWDA AGED ABOUT 74 YEARS, 2. SRI. D. DEVEGOWDA @ CHANDRASHEKARA S/O LATE. D. DOLLEGOWDA AGED ABOUT 56 YEARS, 3. SRI. DEVARAJU @ D DOLLEGOWDA, S/O LATE D.DOLLEGOWDA, AGED 54 YEARS, 4. V. D. PARAMESHA, S/O LT D DOLLEGOWDA, AGED 52 YEARS, ALL ARE R/AT VADDARAHALLI, KOPPLAU VILALGE, CHANDAGALU POST, DUDDA HOBLI MANDYA TQ, MANDYA DIST 571 405. …APPELLANTS (BY SRI. CHANDRASHEKAR H B., ADVOCATE) AND: 1. SRI. JAGADISHA D., S/O LATE D DOLLEGOWDA AGED 43 YEARS, 2. YOGESHA V. D., S/O LATE D DOLLEGOWDA, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010008462022 NC: 2026:KHC:48164 MFA No. 265 of 2022 AGED 39 YEARS, 3. SATHISHA D., S/O LATE D DOLLEGOWDA, AGED 37 YEARS, 4. MAHESHA V. D., S/O LATE D DOLLEGOWDA, AGED 34 YEARS, 5. SARVESHA V. D., S/O LATE D DOLLEGOWDA, AGED 33 YEARS, 6. DINESHA V. D., S/O LATE D DOLLEGOWDA, AGED 31 YEARS, 7. NANDISHA V. D., S/O LATE D DOLLEGOWDA, AGED 27 YEARS, 8. SAVITHRAMMA, S/O LATE D DOLLEGOWDA, AGED 61 YEARS, RESPONDENTS NO.1 TO 8 ARE R/AT VADDARAHALLI KOPPALU VILLAGE, DUDDA HOBLI, MANDYA TQ, MANDYA DIST 571 405. 9. V. D. MANJULA, D/O LATE D DOLLEGOWDA, AGED 41 YEARS, R/AT SUNKATONNUR VILLAGE, MELUKOTE HOBLI, PANDAVAPURA TQ, MANDYA DIST 571 431. …RESPONDENTS (BY SRI. RAJU C N., ADVOCATE FOR R1 TO R9) - 3 - HC-KAR CNR: KAHC010008462022 NC: 2026:KHC:48164 MFA No. 265 of 2022 THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DT.10.11.2021 PASSED ON IA NO.1 IN O.S.NO.89/2019 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MANDYA, ALLOWING IA NO.1 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 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 - 4 - HC-KAR CNR: KAHC010008462022 NC: 2026:KHC:48164 MFA No. 265 of 2022 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. 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 - 5 - HC-KAR CNR: KAHC010008462022 NC: 2026:KHC:48164 MFA No. 265 of 2022 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 25.09.2026 without awaiting further notice. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 29