- 1 - HC-KAR CNR: KAHC010231222024 NC: 2026:KHC:50014 MFA No. 2640 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 2640 OF 2024 (CPC) BETWEEN: YOHITH KUMAR S/O P D PRATHAP SUNDAR AGED ABOUT 37 YEARS, R/A NO 23, 1ST CROSS, SANNI LAYOUT, VARANASI @ JINKATHIMMANAHALLI, KR PURAM, BANGALORE - 560 036 …APPELLANT (BY SRI. RAHUL S. REDDY, ADVOCATE) AND: 1. MRS. JAREENA W/O LATE CHAND PASHA, D/O LATE GAFFER SAB AGED ABOUT 45 YEARS, RA BOSALAKUNTE, MULBAGAL TOWN KOLAR DISTRICT - 563 131 2. MRS SHAIK HABEEN JAN W/O SHAIK PYARU SAHEB D/ LATE GAFFER SAB AGED ABOUT 57 YEARS, R/A REGAL ROAD SADAM, PUNGANUR TALUK, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010231222024 NC: 2026:KHC:50014 MFA No. 2640 of 2024 CHITTOOR DISTRICT, ANDHRA PRADESH - 517 001 3. MRS S JAREENA W/O SHAIK MEHABOOB SAB D/O LATE GAFFER SAB AGED ABOUT 46 YEARS R/A NO 7-5/2, PANAMAREDDY PALLI VILLAGE, MINIKI POST, RAMASAMUDRAM CHITTOOR DISTRICT, ANDHRA PRADESH - 517 001 4. MR YASIN S/O LATE GAFFOR SAB AGED ABOUT 40 YEARS R/A NOGALABANDE MULBAGAL TALUK KOLAR DISTRICT - 563 131 …RESPONDENTS (BY SRI. UDAYA PRAKASH M., ADVOCATE FOR R1, R2 AND R4 SRI. M.R. NANJUNDA GOWDA, ADVOCATE FOR R3) THIS MFA IS FILED U/O. 43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED 22.03.2024 PASSED ON IA NO.1 IN O.S.NO.108/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MULBAGAL, DISMISSING IA NO.1 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010231222024 NC: 2026:KHC:50014 MFA No. 2640 of 2024 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: - 4 - HC-KAR CNR: KAHC010231222024 NC: 2026:KHC:50014 MFA No. 2640 of 2024 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. v) List this matter before the District Court on 08.10.2026. - 5 - HC-KAR CNR: KAHC010231222024 NC: 2026:KHC:50014 MFA No. 2640 of 2024 vi) As an interim order is granted by this Court, the same shall continue till disposal of the application before the District Court. No opinion is expressed by this Court. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 23