- 1 - HC-KAR CNR: KAHC010691162024 NC: 2026:KHC:48160 MFA No. 7836 of 2024 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. 7836 OF 2024 (CPC) BETWEEN: 1. SMT. SHANTHAMMA, D/O. LATE MUNISHAMAPPA, AGED ABOUT 62 YEARS, 2. SRI. M. RAJASHEKAR S/O. LATE MUNISHAMAPPA, AGED ABOUT 53 YEARS, 3. SRI. KESHAVA MURTHY S/O. LATE MUNISHAMAPPA, AGED ABOUT 51 YEARS, 4. SMT. SHOBHA D/O. LATE MUNISHAMAPPA, AGED ABOUT 49 YEARS, 5. SRI. PAPAIAH. M S/O. LATE MUNISHAMAPPA, AGED ABOUT 47 YEARS, 6. SRI. VENKATESH. M S/O. LATE MUNISHAMAPPA, AGED ABOUT 45 YEARS, ALL ARE RESIDING AT RAMAGONDANAHALLI VILLAGE,VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU - 560 087. …APPELLANTS (BY SRI. ANANDA V., ADVOCATE) Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010691162024 NC: 2026:KHC:48160 MFA No. 7836 of 2024 AND: 1. SMT. VARALAKSHMI D/O. LATE MUNISHAMAPPA, W/O. NARAYANAPPA, AGED ABOUT 55 YEARS, R/AT NO. 486, NEAR VENKATARAMANA TEMPLE, 2ND MAIN ROAD, 6TH CROSS, RAMAGONDANAHALLI, VARTHUR HOBLI, BENGALURU - 560 066. …RESPONDENT (BY SRI. LOKESHA D., ADVOCATE) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 01.10.2024 PASSED ON I.A.NO.1 IN OS.NO.733/2024 ON THE FILE OF THE VII ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, BENGALURU RURAL DISTRICT, BENGALURU, PARTLY ALLOWING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 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) c/w Writ Appeal No.200260 of 2025 (GM-RES) dated 8th - 3 - HC-KAR CNR: KAHC010691162024 NC: 2026:KHC:48160 MFA No. 7836 of 2024 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: KAHC010691162024 NC: 2026:KHC:48160 MFA No. 7836 of 2024 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 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.: 36