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2026 DAILYLAW 39420 (KAR)

SRI. SRINIDHI v. SRI. CHANDRASHEKAR. N. S.

MFA/4947/2019 · 2026-09-02

Pradeep Singh Yerur

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010163372019 NC: 2026:KHC:48150 MFA No. 4947 of 2019 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. 4947 OF 2019 (CPC) BETWEEN: SRI. SRINIDHI S/O KRISHNEGOWDA AGED ABOUT 40 YEARS R/A 7TH CROSS SUBHASHNAGARA MANDYA CITY - 570001 … APPELLANT (BY SRI. NARENDRA D V GOWDA.,ADVOCATE) AND: 1. SRI. CHANDRASHEKAR. N. S. S/O N SHIVANNA AGED ABOUT 33 YEARS R/A D.NO.59, NAGANAHALLI MYSURU POST MYSURU - 570 001 2. SRI V T SUKESH S/O THIMMEGOWDA AGED ABOUT 34 YEARS R/A VADDARAHALLI KOPPALU VILLAGE DUDDA HOBLI , MANDYA TALUK MANDYA - 570 001 Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010163372019 NC: 2026:KHC:48150 MFA No. 4947 of 2019 3. NATIONAL INSURANCE CO LTD MANDYA BRANCH NO.1576, IST FLOOR V V ROAD MANDYA CITY - 570001 …RESPONDENTS (BY SRI. MANMOHAN P N FOR R1.,ADVOCATE) (BY SRI.K.KISHOR KUMAR REDDY FOR R3) THIS MFA IS FILED UNDER SECTION 43(1)(d) OF CPC, AGAINST THE ORDER DATED 29.03.2019 PASSED IN MISC.NO.13/2017 ON THE FILE OF THE JUDGE, ADDITIONAL COURT OF SMALL CAUSES, SENIOR CIVIL JUDGE, MYSURU, DISMISSING THE PETITION FILED UNDER ORDER 9 RULE 13 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) - 3 - HC-KAR CNR: KAHC010163372019 NC: 2026:KHC:48150 MFA No. 4947 of 2019 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. iii) In case there are pending applications, the same also be transferred to be considered by - 4 - HC-KAR CNR: KAHC010163372019 NC: 2026:KHC:48150 MFA No. 4947 of 2019 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) Learned counsel for appellant 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.: 4