- 1 - HC-KAR CNR: KAHC010259192025 NC: 2026:KHC:48839 MFA No. 2997 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. 2997 OF 2025 (CPC) BETWEEN: 1. SMT. KRISHNA KUMARI W/O LATE N MUNIYAPPA, AGED ABOUT 66 YEARS, 2. PRAVEEN KUMAR @ JNANENDRA S/O LATE N.MUNIYAPPA, AGED ABOUT 45 YEARS, BOTH ARE R/AT MUNESHWARA NILAYA, OPP. NEHRU STADIUM, SIR M.V. ROAD, SHIVAMOGGA CITY - 577 201 …APPELLANTS (BY SRI. S.V. PRAKASH, ADVOCATE) AND: 1. KUM. RITHANYA. D D/O DARSHNA KUMAR AGED ABOUT 05 YEARS, THE 1ST RESPONDENT IS MINOR AND REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN K.G.ROSHANI - 2ND RESPONDENT, D/O LATE K.S. JANAKA SHETTY, W/O DARSHNA KUMAR Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010259192025 NC: 2026:KHC:48839 MFA No. 2997 of 2025 AGED ABOUT 32 YEARS, R/AT MUNESHWARA NILAYA, OPP NEHRU STADIUM, SIR M V ROAD, SHIVAMOGGA CITY - 577 201 2. SMT. K G ROSHANI D/O LATE K S JANAKA SHETTY, W/O DARSHNA KUMAR, AGED ABOUT 32 YEARS, R/AT MUNESHWARA NILAYA, OPP. NEHRU STADIUM, SIR M V ROAD, SHIVAMOGGA CITY - 577 201 3. DARSHAN KUMAR S/O LATE N MUNIYAPPA, AGED ABOUT 38 YEARS, R/AT MUNESHWARA NILAYA, OPP NEHRU STADIUM, SIR M V ROAD, SHIVAMOGGA CITY - 577 201 4. JAYASHEELA D/O LATE N MUNIYAPPA, W/O J JNANENDRA, AGED ABOUT 50 YEARS, HOME MAKER, R/O NO.15, KAMALODAYA APARTMENT, FLAT-A, GROUND FLOOR, CURVE ROAD, SHIVAJINAGAR, BENGALURU - 560 051 5. SMT PUSHPALATHA @ LAVANYA D/O LATE N MUNIYAPPA, - 3 - HC-KAR CNR: KAHC010259192025 NC: 2026:KHC:48839 MFA No. 2997 of 2025 W/O HARSHENDRA, AGED ABOUT 36 YEARS, HOMEMAKER, R/AT NO. 120, P T ROAD, 3RD BLOCK, JAYANAGAR, OPP: R R GOLD PALACE, BENGALURU - 560 011 …RESPONDENTS (BY SRI. PURNACHANDRA M. PURANIK, ADVOCATE FOR R2 SRI. GANESHA R., ADVOCATE FOR R5 NOTICE TO R1, R3 & R4 ARE SERVED & UNREPRESENTED) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED 12.03.2025 PASSED ON IA NO.1 IN O.S.NO.194/2024 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA, ALLOWING IA NO.1 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 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) - 4 - HC-KAR CNR: KAHC010259192025 NC: 2026:KHC:48839 MFA No. 2997 of 2025 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: KAHC010259192025 NC: 2026:KHC:48839 MFA No. 2997 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) Interim order granted in the present appeal shall continue until further orders by the learned District Judge; vi) Notice may be issued to respondent No.7 by the learned District Judge. Sd/- (PRADEEP SINGH YERUR) JUDGE PSJ List No.: 1 Sl No.: 29