- 1 - HC-KAR CNR: KAHC010552332017 NC: 2026:KHC:48738 MFA No. 3793 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 3793 OF 2017 (CPC) BETWEEN: SMT LAKSHMAMMA D/O LATE RANGAMMA AND MUNIYAPPA AGED ABOUT 74 YAERS, R/AT PATTANDUR AGRAHARA, K.R.PURAM HOBLI, BENGALURU EAST TALUK. …APPELLANT (BY SRI. M PRABHAKAR.,ADVOCATE) AND: 1. SRI SRINIVAS S/O LATE NARAYANAPPA AGED ABOUT 44 YEARS, 2. SRI. N. RAGHU S/O LATE NARAYANAPPA AGED ABOUT 42 YEARS, 3. SMT. YELLAMMA D/O LATE NARAYANAPPA W/O RANGARAMAIAH AGED ABOUT 40 YEARS, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010552332017 NC: 2026:KHC:48738 MFA No. 3793 of 2017 RESPONDENT NOS. 1 TO 3 ARE R/AT DOMALLUR VILLAGE, LAKKUR HOBLI, MALUR TALUK KOLAR DISTRICT. 4. SMT. SARASWATHI D/O LATE NARAYANAPPA AGED ABOUT 38 YEARS, R/AT SOMAJANAHALLI VILLAGE, SRINIVASAPURA TALUK KOLAR DISTRICT 5. SMT. M. SHASHIKALA D/O LATE MUNIHEGGAPPA AGED ABOUT 49 YEARS, 6. SMT. SUMITHRA D/O LATE MUNIHEGGAPPA W/O SHANKAR B AGED ABOUT 44 YEARS, 7. SMT. SHOBHA D/O LATE MUNIHEGGAPPA AGED ABOUT 42 YEARS, 8. SMT. RUKMINI D/O LATE MUNIHEGGAPPA W/O SHANKAR B AGED ABOUT 39 YEARS, 9. SMT. M. MANJULA D/O LATE MUNIHEGGAPPA AGED ABOUT 37 YEARS, 10. SMT. RADHA D/O LATE MUNIHEGGAPPA - 3 - HC-KAR CNR: KAHC010552332017 NC: 2026:KHC:48738 MFA No. 3793 of 2017 W/O JAYARAMA AGED ABOUT 35 YEARS, RESPONDENT NO.5 TO 10 ARE R/AT PATTANDUR AGRAHARA K.R.PURAM HOBLI, BENGALURU EAST TALUK 11. SRI. MOHAMMED YOUSUFF S/O ABDUL KAREEM AGED ABOUT 64 YEARS, R/AT NO.4, 1ST MAIN, 5TH CROSS, LALJINAGAR, LAKKASANDRA, BENGALURU - 560 030 12. SRI. NARAYANASWAMY S/O MUNISHAMAPPA AGED ABOUT 54 YEARS, 13. SRI.P.V.JAYARAM S/O VEERAPPA AGED ABOUT 44 YEARS, 14. SRI. ASHWATHAPPA S/O VEERAPPA AGED ABOUT 46 YEARS, 15. SRI.R.MUNIRAJU S/O RAMAIAH AGED ABOUT 39 YEARS, 16. SRI.K.SUBRAMANI S/O K MUNAPPA AGED ABOUT 39 YEARS, - 4 - HC-KAR CNR: KAHC010552332017 NC: 2026:KHC:48738 MFA No. 3793 of 2017 17. SRI.L.NARAYANAPPA S/O NINGAPPA AGED ABOUT 64 YEARS, 18. SRI.DALAWAI KRISHNASWAMY MAJOR IN AGE 19. SRI.A.MAJID S/O MOSIN MAJOR IN AGE 20. SRI.A.AJID QUADAR S/O LATE KHADER ADAM MAJOR IN AGE 21. SRI.BERAPPA AGED ABOUT 64 YEARS RESPONDENT NO. 12 TO 21 ARE K.R.PURAM HOBLI, BENGALURU EAST TALUK …RESPONDENTS (BY SRI. KRISHNAOJI RAO ADVOCATE FOR R11; SRI. K.S.NARAYANA SWAMY, ADVOCATE FOR R12; SRI. A. SOMARAJU, ADVOCATE FOR R15 & R17; R-6 TO R8, R13 & R14 ARE SERVED AND UNREPRESENTED) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 06.10.2016 PASSED ON I.A. IN O.S.NO. 1012/2012 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU, PARTLY ALLOWING I.A. FILED UNDER ORDER 39 RULE 4 OF CPC. BARRED BY TIME. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR CNR: KAHC010552332017 NC: 2026:KHC:48738 MFA No. 3793 of 2017 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. Accordingly, I pass the following: O R D E R i) The appeal stands disposed of for statistical purposes. - 6 - HC-KAR CNR: KAHC010552332017 NC: 2026:KHC:48738 MFA No. 3793 of 2017 ii) Registry is directed to transfer the entire records 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. v) Learned counsel for appellants and learned counsel for the respondents are present. Hence, the parties shall appear before the learned District Judge on 06.10.2026 without awaiting further notice. Sd/- (PRADEEP SINGH YERUR) JUDGE RL/-List No.: 1 Sl No.: 2