- 1 - HC-KAR CNR: KAHC010257802017 NC: 2026:KHC:48156 MFA No. 2607 of 2017 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. 2607 OF 2017 (CPC) BETWEEN: 1. NARENDRAN S S/O T.L. SHANMUGAM, AGED ABOUT 42 YEARS, R/AT GAYATRI LAYOUT, BASAVANAPURA, NEAR AMEEN MEDICALS, K.R. PURAM, BENGALURU 560 036. …APPELLANT (BY SRI. VENKATESH PRASAD R., ADVOCATE) AND: 1. M/S SHIVASHAKTI BUILDERS AND DEVELOPERS A REGISTERED PARTNERSHIP FIRM BEARING REGN NO. 2529/2004-05, HAVING ITS OFFICE AT SHIVASHAKTHI NO.255, KANAKAPURA MAIN ROAD, JAYANAGARA 7TH BLOCK, BENGALURU 560 070. REPRESENTED BY ITS MANAGING PARTNER B. VENKATESH, S/O BABU, AGED ABOUT 53 YEARS. …RESPONDENT (BY SRI. RAJESWARA P.N., ADVOCATE) (V/O DTD./20/2/2018 R2 TO R10 ARE DELETED) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,1908 AGAINST THE ORDER DATED 27.01.2017 PASSED Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010257802017 NC: 2026:KHC:48156 MFA No. 2607 of 2017 ON I.A. NO. 4 IN O.S.NO. 1426/2012 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, DISMISSING I.A. NO.4 FILED UNDER ORDER 39 RULE 4 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 District Court for adjudication of the matter from the stage where it is stopped. - 3 - HC-KAR CNR: KAHC010257802017 NC: 2026:KHC:48156 MFA No. 2607 of 2017 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 are left open to be agitated before the concerned Appellate Court. - 4 - HC-KAR CNR: KAHC010257802017 NC: 2026:KHC:48156 MFA No. 2607 of 2017 v) List this matter before the District Court on 25.09.2026. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 20