- 1 - HC-KAR CNR: KAHC010130202025 NC: 2026:KHC:48735 MFA No. 1431 of 2025 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. 1431 OF 2025 (CPC) BETWEEN: SRI MANJUNATHA S/O LATE SRI. SIDDALINGAPAPA AGED ABOUT 52 YEARS R/AT NO.52, NANJUNDESHWARA NAGAR 1ST MAIN ROAD, BENGALURU - 560 096. …APPELLANT (BY SRI. NARENDRA S., ADVOCATE) AND: 1. SMT PUTTAMARAKKA SINCE DEAD BY LRS., 1(A) SMT. GANGAMMA D/O LATE PUTTAMARAKKA W/O HANUMANTHAIAH AGED ABOUT 62 YEARS R/AT GANAKALLU VILLAGE TAVAREKERE HOBLI BANGALORE RURAL DISTRICT. 1(B) SMT LAKSHMANA D/OPUTTAMARAKKA W/O MARAKKA AGED ABOUT 59 YEARS R/ATNO 3, 3RD MAIN VENAKTESHWARA LAYOUT, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010130202025 NC: 2026:KHC:48735 MFA No. 1431 of 2025 HEROHALLI DHAKALE, VISHWANEEDAM POST, BENGALURU - 560 091. 2. SMT CHANANMAM W/O LATE HANUMANTHAIAH AGED ABOUT 82 YEARS 3. MANGALAMMA D/OLATE HANUMANTHAIAH AGED ABOUT 74 YEARS 4. CHANDRASHEKARAIAH S/O LATE HANUMANTIAHA AGED ABOUT 60 YEARS 5. BHAGYAMMA D/O LATE HANUMANTHAIAH AGED ABOUT 58 YEARS 6. SMT. CHINNAMMA D/O LATE HANUMANTHIAAH AGED ABOUT 54 YEARS 7. SRI. REVANNA S/O LATE HANUMANTHAIAH AGED ABOUT 52 YEARS 8. SRI. NAGANNA S/O LATE HANUMANTHAIAH AGED ABOUT 49 YEARS 9. JAYAMMA D/O LATE HANUMANTHAIAH AGED ABOUT 69 YEARS R2 TO R9 ARE R/AT THOTDAHUDDADAHALLI VILLAGE DASANAPURA HOBLI BENGALURU NORTH TALUK - 3 - HC-KAR CNR: KAHC010130202025 NC: 2026:KHC:48735 MFA No. 1431 of 2025 10. SMT. LAKSHMAMMA W/O LATE THIRUMALEGOWDA, D/O MUNIHANUMAIAH, AGED ABOUT 66 YEARS, R/AT KENCHANAHALLI VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT. 11. SMT. SIDDARAJAMMA, W/O. CHANDRASHEKARAIAH, AGED ABOUT 62 YEARS, R/AT THOTDAHUDDADAHALLI VILLAGE, DASANAPURA HOBLI, BENGALURU NORTH TALUK. 12. SRI. K.T.CHANDRASHEKAR, S/O.K.T. THIMMAIAH AGED ABOUT 69 YEARS, R/AT NO.788 THAPOVANA BACK SIDE OF MAYANNA BADAVANE, 4 CROSS, SRIKANTAPURA URF ANCHEPALYA, NAGASANDRA POST, DASANAPURA HOBLI. BENGALURU NORTH TALUK, BENGALURU-560073. 13. SRI. A GUDDAPPA, S/O LATE HANUMANTHAPPA, AGED ABOUT 65 YEARS, R/AT NO.2, SRI RANGADHAMA 1 A MAIN ROAD, 4TH A CROSS, DEFENCE COLONY, BAGALGUNTE, NAGASANDRA POST, BENGALURU-560073. 14. SMT.B.T.PADMAVATHI W/O M.RAJANNA, AGED ABOUT 43 YEARS, R/AT RI BYRAVESHWARA NILAYA 7TH CROSS, DADA PEER BADAVANE, - 4 - HC-KAR CNR: KAHC010130202025 NC: 2026:KHC:48735 MFA No. 1431 of 2025 NELAMANGALA TOWN, BENGALURU RURAL DISTRICT 15. SRI.SHANMUKHA. S.K S/O LATE KRISHNAIAH SHETTY, AGED ABOUT 51 YEARS. 16. SMT. NAGARATHNAMMA W/O LATE KRISHNAIAH SHETTY AGED ABOUT 77 YEARS R15 & R16 BOTH ARE R/AT NO.58, 2ND CROSS, VENGOPALA NAGAR, NAGASANDRA POST, BENGALURU-560073. 17. SMT.SUNDANDA PATIL W/O SRI. DODDABASAVANA GOWDA R/AT HONAGAL VILLAGE, HONAGAL HOBLI AND TALUK HAVERI DRITRICT. …RESPONDENTS THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 28.06.2024 PASSED ON I.A. NO.17 IN O.S.NO. 295/2011 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA, ALLOWING THE I.A. NO.17 FILED UNDER ORDER XXXIX RULE 1 AND 2 READ WITH SECTION 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 - 5 - HC-KAR CNR: KAHC010130202025 NC: 2026:KHC:48735 MFA No. 1431 of 2025 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. ii) Registry is directed to transfer the entire records of the case, to the concerned Principal District & - 6 - HC-KAR CNR: KAHC010130202025 NC: 2026:KHC:48735 MFA No. 1431 of 2025 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.: 11