- 1 - HC-KAR CNR: KAHC010515982026 NC: 2026:KHC:48611 MFA No. 5402 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 5402 OF 2026 (CPC) BETWEEN: 1. SHIVAKUMAR @ SHIVASHANKAR S/O LATE. Y RAMANNA AGED ABOUT 41 YEARS, 2. RAJANNA S/O LATE. SIDDAIAH AGED ABOUT 76 YEARS, 3. MANJUNATH S/O BYRAPPA, AGED ABOUT 36 YEARS, ALL ARE R/O. JOGIPALAYA VILLAGE, BYRASANDRA DHAKALE, KASABA HOBLI NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562123 …APPELLANTS (BY SRI. SAMPATH A., ADVOCATE) AND: 1. SRI KRISHNAPPA AGED ABOUT 56 YEARS, S/O LATE REVANNA 2. SMT YASHODAMMA W/O KRISHNAPPA, AGED ABOUT 53 YEARS Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010515982026 NC: 2026:KHC:48611 MFA No. 5402 of 2026 BOTH ARE RESIDING AT JOGIPALYA VILLAGE, BYRASANDRA DHAKALE, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562123 3. HANUMANTHA RAJU S/O LATE NARASIMAHAIAH AGED ABOUT 53 YEARS R/O NO 399, 2ND B CROSS, 3RD STAGE, 3RD BLOCK, BASAVESHWARNAGAR, BENGALURU 560079 4. NIRANJANSWAMY B S S/O LATE SIDDAGANGAIAH AGED ABOUT 38 YEARS, R/O NO 1/A, 6TH CROSS, 3RD MAIN, LAVAKUSHANAGARA, LAGGERE, PEENYA POST, BENGALURU 560058 5. PRADEEPA K S/O KRISHNAPPA AGED ABOUT 31 YEARS 6. DILEEP GOWDA K S/O KRISHNAPPA AGED ABOUT 29 YEARS RESPONDENT NOS.5 AND 6 ARE R/O JOGIPALYA VILLAGE, BYRASANDRA DHAKALE, KASAB HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT 562123 7. KIRAN S S/O SIDDARAJU AGED ABOUT 29 YEARS - 3 - HC-KAR CNR: KAHC010515982026 NC: 2026:KHC:48611 MFA No. 5402 of 2026 8. KUMARI BHAVYASHREE S D/O SIDDARAJU AGED ABOUT 24 YEARS RESPONDENT NOS.7 AND 8 ARE R/O AT NO 17, BHADRAMMA BUILDING, 3RD CROSS, NEAR VISHAL MART, BYDARAHALLI, BENGALURU 560091 9. SIDDABYRAIAH, S/O LATE YENJAPPA, AGED ABOUT 73 YEARS, 10. SMT. BYRAMMA, W/O SIDDABYRAIAH, AGED ABOUT 67 YEARS, 11. YENJAPPA S/O SIDDABYRAIAH, AGED ABOUT 38 YEARS, 12. SMT.PADMA W/O YENJAPPA, AGED ABOUT 30 YEARS, 13. BYRAPPA, S/O LATE, YENJAPPA, AGED ABOUT 68 YEARS, 14. NINGAPPA, S/O LATE. YENJAPPA AGED ABOUT 65 YEARS, 15. SMT. MUNITHAYAMMA, W/O NINGAPPA, AGED ABOUT 63 YEARS, 16. NAGARAJU, S/O NINGAPPA, AGED ABOUT 33 YEARS, - 4 - HC-KAR CNR: KAHC010515982026 NC: 2026:KHC:48611 MFA No. 5402 of 2026 17. SMT. ANJALI, W/O NAGARAJU, AGED ABOUT 25 YEARS, 18. SMT.LAKSHAMMA W/O LATE. Y.RAMANNA, AGED ABOUT 55 YEARS, 19. MOHAN, S/O LATE Y.RAMANNA, AGED ABOUT 37 YEARS, 20. SMT. POORINAMA, W/O SHIVAKUMAR @ SHIVASHANKAR AGED ABOUT 33 YEARS, 21. HANUMANTHARAJU, S/O, RAJANNA, AGED ABOUT 52 YEARS, 22. MANJUNATH, S/O RAJANNA, AGED ABOUT 47 YEARS, 23. SMT.LAKSHAMMA, W/O LATE REVANNA, AGED ABOUT 57 YEARS, 24. SMT.SHOBA, D/O LATE REVANNA, AGED ABOUT 37 YEARS, 25. SMT.REKHA, D/O LATE REVANNA, AGED ABOUT 33 YEARS, 26. SMT.NARASAMMA, W/O BYRAPPA, AGED ABOUT 53 YEARS, - 5 - HC-KAR CNR: KAHC010515982026 NC: 2026:KHC:48611 MFA No. 5402 of 2026 27. SMT.HARISTHA, W/O MANJUNATH, AGED ABOUT 27 YEARS, 28. RAVIKUMAR, S/O BYRAPPA, AGED ABOUT 32 YEARS, 29. SMT.DIVYA, W/O RAVIKUMAR, AGED ABOUT 28 YEARS, 30. RAJANNA, S/O LATE JOGANNA, AGED ABOUT 50 YEARS, 31. SRIDHAR @ SHIVU, S/O RAJANNA, AGED ABOUT 25 YEARS ALL THE RESONDENT NOS.9 TO 32 ARE R/O. JOGIPALYA VILLAGE, BYRASANDRA DHAKALE, KASAB HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562123 …RESPONDENTS (BY SRI. V.F.KUMAR, ADVOCATE FOR R1 & R2 NOTICE TO R3 TO R31 IS D/W V/O/DT:27.07.2026) THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 18.7.2026 PASSED ON I.A.NO.1 IN OS.NO.793/2026 ON THE FILE OF THE SENIOR CIVIL JUDGE, NELAMANGALA, RESTRAINING THE DEFENDANT NO. 7 TO 32 FROM INTERFERING WITH THE PLAINTIFFS PEACEFUL POSSESSION AND ISSUING TI NOTICE ON I.A.NO. 1 AND SUIT SUMMONS TO DEFENDANTS. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 6 - HC-KAR CNR: KAHC010515982026 NC: 2026:KHC:48611 MFA No. 5402 of 2026 CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT This matter is taken up at the request of learned counsel for respondent Nos.1 and 2 on the ground of urgency. 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-RES) dated 08.07.2026, which is affirmed by the Hon'ble Supreme Court in SLP(c) No.025075/2026 dated 03.08.2026. 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. - 7 - HC-KAR CNR: KAHC010515982026 NC: 2026:KHC:48611 MFA No. 5402 of 2026 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) As the urgency is expressed, the parties shall appear before the concerned Appellate Court on 28.09.2026 without awaiting any further notice from this Court or from the concerned Appellate Court. v) Interim order passed by this Court shall continue until further orders to be passed by the concerned Appellate Court. vi) 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. Sd/- (PRADEEP SINGH YERUR) JUDGE VM List No.: 2 Sl No.: 1