- 1 - HC-KAR CNR: KAHC010490262023 NC: 2026:KHC:48552 MFA No. 6436 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 6436 OF 2023 (CPC) BETWEEN: 1. SMT. VIJAYAMMA D/O. CHOWDAIAH AGED ABOUT 61 YEARS R/AT: NO.78, DYAVAPATNA CHANNAPATNA TALUK RAMANAGARA - 562 159. 2. SMT. PADMA D/O. CHOWDAIAH AGED ABOUT 59 YEARS R/AT: NO.1312, 7TH MAIN ROD K.N. LAYOUT, YESHWANTHPURA BENGALURU - 560 022. 3. SMT. JAYANTHAMMA D/O. CHOWDAIAH AGED ABOUT 57 YEARS R/AT: NO.217, BAPUJI COLONY KENGERI, BANGALORE SOUTH TALUK BANGALORE - 560 060. 4. SRI M. SHIVANNA S/O. CHOWDAIAH AGED ABOUT 55 YEARS R/AT: NO.1312, 7TH MAIN ROD K.N. LAYOUT, YESHWANTHPURA BENGALURU - 560 022. 5. SRI NANJUNDASWAMY S/O. CHOWDAIAH AGED ABOUT 51 YEARS Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010490262023 NC: 2026:KHC:48552 MFA No. 6436 of 2023 R/AT: NO.1312, 7TH MAIN ROD K.N. LAYOUT, YESHWANTHPURA BENGALURU - 560 022. …APPELLANTS (BY SRI GIRISH KUMAR B.M., ADVOCATE) AND: 1. SMT. NARAYANAMMA @ NAGARATHNAMMA W/O. CHELUVARAJU AGED MAJOR R/AT: NO.24, SVJ NAGAR 2ND 'A' CROSS, MUDALAPALYA BENGALURU - 560 072. REPRESENTED BY HER POWER OF ATTORNEY HOLDER SRI C. CHALUVARAJU S/O. SINGRAPPA AGED ABOUT 74 YEARS R/AT NO.24, 5TH CROSS HUCHAPPA LAYOUT, MUDLAPALYA BENGALURU - 560 072. 2. SMT. MUNIRATHNA W/O. LATE KALAPPA AGED MAJOR, R/AT: NO.138 CHINNAKURCHI VILLAGE K. GOLLAHALLI POST KENGERI HOBLI BANGALORE SOUTH TALUK BENGALURU - 560 074. (SINCE DEAD REPRESENTED BY LRs. i.e., RESPONDENT NO.3 AND 4) 3. SMT. TEJASWINI D/O. LATE KALAPPA AGED MAJOR R/AT: NO.138 - 3 - HC-KAR CNR: KAHC010490262023 NC: 2026:KHC:48552 MFA No. 6436 of 2023 CHINNAKURCHI VILLAGE K. GOLLAHALLI POST KENGERI HOBLI BANGALORE SOUTH TALUK BENGALURU - 560 074. 4. SRI SHREYAS D/O. LATE KALAPPA AGED MAJOR R/AT NO.138 CHINNAKURCHI VILLAGE K. GOLLAHALLI POST KENGERI HOBLI BANGALORE SOUTH TALUK BENGALURU - 560 074. …RESPONDENTS (BY SRI B.G. VIJAYAKUMARA SWAMY, ADVOCATE FOR R1; SRI KARTHIK C., ADVOCATE FOR R3 AND R4; VIDE ORDER DATED 06.12.2024, R3 AND R4 ARE LRs. OF DEAD R2) THIS MFA IS FILED UNDER ORDER XLIII RULE 1(K) READ WITH SECTION 151 OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 15.06.2023 PASSED IN O.S.NO.329/2014 BY THE PRINCIPAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU AND ETC. 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 - 4 - HC-KAR CNR: KAHC010490262023 NC: 2026:KHC:48552 MFA No. 6436 of 2023 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. 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 - 5 - HC-KAR CNR: KAHC010490262023 NC: 2026:KHC:48552 MFA No. 6436 of 2023 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) Since the parties are represented before this Court, they shall appear before the learned District Judge on 05.10.2026 without awaiting any further notice; vi) Interim order granted in the present appeal shall continue until further orders by the learned District Judge. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 4