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2026 DAILYLAW 39540 (KAR)

GIRIJAMMA v. SRI. NIJALINGAPPA

MFA/4183/2025 · 2026-09-02

Pradeep Singh Yerur

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010360072025 NC: 2026:KHC:48159 MFA No. 4183 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. 4183 OF 2025 (CPC) BETWEEN: 1. GIRIJAMMA D/O LATE KATA @ KATAPPA, W/O DODDARANGAPPA, AGED ABOUT 67 YEARS, R/AT GOLLAMARANAHALLI VILALGE, HEMAVATHI POST, AMARAPURA MANDAL, MADAKASIRA TALUK, SATHYASAI DISTRICT, ANDRA PRADESH STATE 515 286. …APPELLANT (BY SRI. SUMA T.,ADVOCATE) AND: 1. SRI. NIJALINGAPPA AGED ABOUT 61 YEARS, S/O LATE KATAPPA, 2. SRI PANDURANGAPPA AGED ABOUT 50 YEARS, S/O LATE LINGAPPA, 3. SRI CHIKKANNA AGED ABOUT 39 YEARS, S/O LATE LINGAPPA, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010360072025 NC: 2026:KHC:48159 MFA No. 4183 of 2025 4. L RAMANNA S/O LATE LINGANNA, AGED ABOUT 68 YEARS, 5. CHIKKANNA S/O LATE ERAPPA AGED ABOUT 50 YEARS, 6. LINGANNA S/O LATE ERAPPA, AGED ABOUT 45 YEARS, 7. RANGAMMA W/O LATE MADAPPA, AGED ABOUT 75 YEARS, 8. KARIYAMMA W/O LATE KADURAPPA, AGED 70 YEARS, 9. NARASIMHANNA S/O LATE KENCHAMARAPPA, AGED ABOUT 80 YEARS, RESPONDNET NOS.1 TO 9 ARE R/AT VARADAPURA VILALGE, HULIKUNTE HOBLI, TADAKALURU POST, SIRA TALUK, TUMAKURU DISTRICT. 10. SMT DYAVAKKA @ DYAMAKKA W/O LINGANNA AGED ABOUT 75 YEARS, R/AT VARADAPURA VILLAGE, HULIKUNTE HOBLI, TADAKALURU POST, SIRA TALUK, TUMAKURU DISTRICT. …RESPONDENTS (BY SRI. KAMARAJU.,ADVOCATE FOR R1 TO R3; R4 TO R6, R8 & R10 ARE SERVED & UNREP.) - 3 - HC-KAR CNR: KAHC010360072025 NC: 2026:KHC:48159 MFA No. 4183 of 2025 THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.21.03.2025 PASSED ON IA NO.1 IN O.S.NO.201/2024 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, SIRA, ALLOWING IA NO.1 FILED U/O.39 RULE 1 AND 2 R/W SEC.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 District Court for adjudication of the matter from the stage where it is stopped. - 4 - HC-KAR CNR: KAHC010360072025 NC: 2026:KHC:48159 MFA No. 4183 of 2025 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. - 5 - HC-KAR CNR: KAHC010360072025 NC: 2026:KHC:48159 MFA No. 4183 of 2025 v) Parties to appear before the District Court on 25.09.2026. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 25