- 1 - HC-KAR CNR: KAHC010143982025 NC: 2026:KHC:48148 MFA No. 1599 of 2025 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. 1599 OF 2025 (CPC) BETWEEN: 1. S V PADMAPRASAD S/O S.A. VASANTHARAJAIAH, AGED ABOUT 56 YEARS, 2. T.N. PADMAPRIYA W/O S.V. PADMAPRASAD, AGED ABOUT 52 YEARS, ALL ARE RESIDENTS OF DOOR NO.460, MAHAVEERA ROAD, SARAGUR TOWN, SARAGUR TALUK, MYSURU - 571 121. …APPELLANTS (BY SRI. KUMARA K G., ADVOCATE) AND: 1. KIRAN NAGESH MUGADUR S/O NAGESH M MUGADUR, AGED ABOUT 34 YEARS, 2. NAGAVENI N MUGADUR, W/O NAGESH M MUGADUR, (ALIAS G.NAGAVENI D/O NARAYANASWAMY) AGED ABOUT 64 YEARS, 3. NAGESH M MUGADUR, S/O MARTANDAPPA L MUGADUR, AGED ABOUT 71 YEARS, ALL ARE RESIDING AT DOOR NO.26/1, SY.NO.44/2B, JAYANAGAR END, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010143982025 NC: 2026:KHC:48148 MFA No. 1599 of 2025 NEAR CHAYADEVI ANATHASHRAM, CHIKKAHARADANAHALLI, MYSURU - 570 001. …RESPONDENTS THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 23.09.2024 PASSED ON I.A. NO.XI IN O.S.NO. 71/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, H.D. KOTE, ALLOWING THE I.A. NO.XI FILED UNDER ORDER XXXIX RULE 1 AND 2 READ WITH 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 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 - 3 - HC-KAR CNR: KAHC010143982025 NC: 2026:KHC:48148 MFA No. 1599 of 2025 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 and all rights and contentions of the parties - 4 - HC-KAR CNR: KAHC010143982025 NC: 2026:KHC:48148 MFA No. 1599 of 2025 are left open to be agitated before the concerned Appellate Court. v) List this matter before the District Court on 25.09.2026. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 16