Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR
CNR: KAHC010504362016 NC: 2026:KHC:51113 MFA No. 2008 of 2016 C/W MFA No. 2007 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 2008 OF 2016 (CPC) C/W MISCELLANEOUS FIRST APPEAL NO. 2007 OF 2016 (CPC)
IN MFA No. 2008/2016 BETWEEN:
1. 1(a)
1(b)
1(c) SMT. MUNIYAMMA WIFE OF SRI PATALAPPA SINCE DEAD BT LRS
PATALAPPA @CHIKKAPATALAPPA S/O LATE HOTAPPA AGED 75 YEARS
SRI.NAGESH.P SON OF SRI.PATALAPPA @ CHIKKAPATALAPPA AGED 45 YEARS R/AT SADANAHALLI, AREDESHALLI POST, HESARAGHATTA HOBLI, BANGALORE NORTH TALUK - 562110
SRI.RAJANNA.P S/O SRI.PATALAPPA @ CHIKKAPATALAPPA AGED ABOUT 41 YEARS, R/AT NO.136, THANUSHREE NILAYA DODDABYALAKERE VILLAGE, SHIVAKOTE POST,
Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR
CNR: KAHC010504362016 NC: 2026:KHC:51113 MFA No. 2008 of 2016 C/W MFA No. 2007 of 2016
HESARAGHATTA HOBLI, BANGALORE NORTH TALUK - 560089
2. SMT. RATHNAMMA W/O NARAYANA.V AGED ABOUT 52 YEARS, RESIDNG AT NO.4/17, RAMAKRISHNANAGARA 1ST CROSS, KANAKAPURA MAIN ROAD JP.NAGAR (POST), BANGALORE-560 078
3. SMT PUTTAMMA WIFE OF MUNIRAJU AGED ABOUT 50 YEARS RESIDING AT NO.284, OPPOSITE TO LOYOLA SCHOOL DR.RAJAGOPAL ROAD NAGASHETTIHALLI SANJAYANAGARA POST BANGALORE-560 094
4. SMT. NEELAMMA WIFE OF LATE ANJINAPPA AGED ABOUT 48 YEARS RESIDING AT NO.111, BYALAKERE, MUDINAPALYA ROAD SHIVAKOTE POST HESARAGHATTA HOBLI BANGALROE NORTH TALUK-560 089
5. SRI.PUTTARAJU SON OF PATALAPPA.P AGED ABOUT 45 YEARS
6. SRI. KUMAR SON OF PATALAPPA.P
- 3 -
HC-KAR
CNR: KAHC010504362016 NC: 2026:KHC:51113 MFA No. 2008 of 2016 C/W MFA No. 2007 of 2016
AGED ABOUT 43 YEARS APPELLANTS NO.5 AND 6 ARE RESIDING AT SADENAHALLI, ARADESHAHALLI POST HESARAGHATTA HOBLI BANGALORE NORTH TALUK-562110 …APPELLANTS (BY SRI. B SHARATH KUMAR.,ADVOCATE FOR A-2,4 AND 5) (BY SRI.S.VENUGOPALA FOR A-1(a) to (c) AND FOR APPLICANTS IN IA.NO.1/2026 AND IA.NO.2/2026. AND:
1. SRI. HANUMANTHARAYAPPA SON OF LATE MUNISWAMAPPA AGED ABOUT 70 YEARS
2. SMT. PADMAVATHI WIFE OF SRI.HANUMANTHARAYAPPA AGED ABOUT 62 YEARS
3. PRAMILA DEVI DAUGHTER OF SRI.HANUMANTHARAYAPPA AGED ABOUT 49 YEARS
4. SRI.H.P.ARUN KUMAR SON OF SRI.HANUMANTHARAYAPPA AGED ABOUT 43 YEARS
5. SMT. KAVITHA DAUGHER OF SRI.HANUMANTHARAYAPPA AGED ABOUT 40 YEARS
6.
SMT.SWARNA LATHA DAUGHER OF SRI.HANUMANTHARAYAPPA AGED ABOUT 38 YEARS RESPONDENTS ARE RESIDING AT NO.207, 3RD A MAIN ROAD
- 4 -
HC-KAR
CNR: KAHC010504362016 NC: 2026:KHC:51113 MFA No. 2008 of 2016 C/W MFA No. 2007 of 2016
KEB LAYOUT, RMV 2ND STAGE, SANJAY NAGAR, BANGALORE-560 094
7. SRI SRIDHAR PAMPATHI SON OF SRI. MADHUSUDHAN PAMPATHI, AGED MAJOR
8. SMT. GETHA PAMPATHI WIFE OF SRI. SRIDHAR PAMPATHI, AGED 41 YEARS RESPONDENTS 7 AND 8 ARE RESIDING AT NO.28, 1ST MAIN ROAD, JAYAMAHAL EXTENSION BANGALORE-560 046
9. SRI.S.G.SHAMANNA SON OF LATE GANGAPPA, AGED ABOUT 58 YEARS, RESIDING AT SHIVAKOTE HESARAGHATTA HOBLI BANGALORE NORTH TALUK-560 089 … RESPONDENTS (BY SRI. CHANDRASHEKAR PATIL ADVOCATE FOR R3 TO R5) (BY SRI.PRAKASH.M.H ADVOCATE FOR R9)
THIS MFA IS FILED U/S.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED02.01.2016 PASSED ON IA NO.1 IN O.S.NO.597/2014 ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, DISMISSING THE IA NO.1 FILED U/O.39 RULE 1&2 OF CPC. IN MFA No. 2007/2016
- 5 -
HC-KAR
CNR: KAHC010504362016 NC: 2026:KHC:51113 MFA No. 2008 of 2016 C/W MFA No. 2007 of 2016
BETWEEN:
1. 1(a)
1(b)
1(c) SMT. MUNIYAMMA WIFE OF SRI PATALAPPA SINCE DEAD BT LRS
PATALAPPA @CHIKKAPATALAPPA S/O LATE HOTAPPA AGED 75 YEARS
SRI.NAGESH.P SON OF SRI.PATALAPPA @ CHIKKAPATALAPPA AGED 45 YEARS R/AT SADANAHALLI, AREDESHALLI POST, HESARAGHATTA HOBLI, BANGALORE NOTRH TALUK - 562110
SRI.RAJANNA.P S/O SRI.PATALAPPA @ CHIKKAPATALAPPA AGED ABOUT 41 YEARS, R/AT NO.136, THANUSHREE NILAYA DODDABYALAKERE VILLAGE, SHIVAKOTE POST, HESARAGHATTA HOBLI, BANGALORE NORTH TALUK - 560089
2. SMT. RATHNAMMA W/O NARAYANA.V AGED ABOUT 52 YEARS, RESIDNG AT NO.4/17, RAMAKRISHNANAGARA 1ST CROSS, KANAKAPURA MAIN ROAD JP.NAGAR (POST), BANGALORE-560 078
- 6 -
HC-KAR
CNR: KAHC010504362016 NC: 2026:KHC:51113 MFA No. 2008 of 2016 C/W MFA No. 2007 of 2016
3. SMT PUTTAMMA WIFE OF MUNIRAJU AGED ABOUT 50 YEARS RESIDING AT NO.284, OPPOSITE TO LOYOLA SCHOOL DR.RAJAGOPAL ROAD NAGASHETTIHALLI SANJAYANAGARA POST BANGALORE-560 094
4. SMT.
NEELAMMA WIFE OF LATE ANJINAPPA AGED ABOUT 48 YEARS RESIDING AT NO.111, BYALAKERE, MUDINAPALYA ROAD SHIVAKOTE POST HESARAGHATTA HOBLI BANGALROE NORTH TALUK-560 089
5. SRI.PUTTARAJU SON OF PATALAPPA.P AGED ABOUT 45 YEARS
6. SRI. KUMAR SON OF PATALAPPA.P AGED ABOUT 43 YEARS APPELLANTS NO.5 AND 6 ARE RESIDING AT SADENAHALLI, ARADESHAHALLI POST HESARAGHATTA HOBLI BANGALORE NORTH TALUK-562110 …APPELLANTS (BY SRI. B SHARATH KUMAR.,ADVOCATE FOR A-2,4 AND 5) (BY SRI.S.VENUGOPALA FOR A-1(a) to (c) AND FOR APPLICANTS IN IA.NO.1/2026 AND IA.NO.2/2026 AND:
- 7 -
HC-KAR
CNR: KAHC010504362016 NC: 2026:KHC:51113 MFA No. 2008 of 2016 C/W MFA No. 2007 of 2016
1. SRI. HANUMANTHARAYAPPA SON OF LATE MUNISWAMAPPA AGED ABOUT 70 YEARS
2. SMT. PADMAVATHI WIFE OF SRI.HANUMANTHARAYAPPA AGED ABOUT 62 YEARS
3. PRAMILA DEVI DAUGHTER OF SRI.HANUMANTHARAYAPPA AGED ABOUT 49 YEARS
4. SRI.H.P.ARUN KUMAR SON OF SRI.HANUMANTHARAYAPPA AGED ABOUT 43 YEARS
5. SMT. KAVITHA DAUGHER OF SRI.HANUMANTHARAYAPPA AGED ABOUT 40 YEARS
6. SMT. SWARNA LATHA DAUGHER OF SRI.HANUMANTHARAYAPPA AGED ABOUT 38 YEARS RESPONDENTS ARE RESIDING AT NO.207, 3RD A MAIN ROAD KEB LAYOUT, RMV 2ND STAGE, SANJAY NAGAR, BANGALORE-560 094
7. SRI SRIDHAR PAMPATHI SON OF SRI. MADHUSUDHAN PAMPATHI, AGED MAJOR
8. SMT. GETHA PAMPATHI WIFE OF SRI. SRIDHAR PAMPATHI, AGED 41 YEARS RESPONDENTS 7 AND 8 ARE RESIDING AT NO.28, 1ST MAIN ROAD,
- 8 -
HC-KAR
CNR: KAHC010504362016 NC: 2026:KHC:51113 MFA No. 2008 of 2016 C/W MFA No. 2007 of 2016
JAYAMAHAL EXTENSION BANGALORE-560 046
9. SRI.S.G.SHAMANNA SON OF LATE GANGAPPA, AGED ABOUT 58 YEARS, RESIDING AT SHIVAKOTE HESARAGHATTA HOBLI BANGALORE NORTH TALUK-560 089 …RESPONDENTS (BY SRI. CHANDRASHEKAR PATIL ADVOCATE FOR R3 TO R5) (BY SRI.PRAKASH.M.H ADVOCATE FOR R9)
THIS MFA FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED02.01.2016 PASSED ON IA NO.3 IN O.S.NO.597/2014 ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, DISMISSING THE IA NO.3 FILED U/O.39 RULE 1&2 OF CPC. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
ORAL JUDGMENT
These appeals 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
- 9 -
HC-KAR
CNR: KAHC010504362016 NC: 2026:KHC:51113 MFA No. 2008 of 2016 C/W MFA No. 2007 of 2016
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 these matters to the concerned District Court for adjudication of the matters from the stage where it is stopped.
3. Accordingly, I pass the following:
O R D E R i) Appeals stands disposed of for statistical purposes. ii) Registry is directed to transfer the entire record of the cases, to the concerned Principal District & Sessions Judge, who may assign it to
- 10 -
HC-KAR
CNR: KAHC010504362016 NC: 2026:KHC:51113 MFA No. 2008 of 2016 C/W MFA No. 2007 of 2016
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 cases and all rights and contentions of the parties are left open to be agitated before the concerned Appellate Court. v) List these matters before the District Court on
28.09.2026.
Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 1