- 1 - HC-KAR CNR: KAHC010280362025 NC: 2026:KHC:49331 MFA No. 3133 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 3133 OF 2025 (CPC) BETWEEN: MRS. SANDHYA RAI W/O. MR. SEETHARAMA RAL AGED ABOUT 55 YEARS RESIDING AT F-120 PREMIER GRUHALAKSHMI APARTMENT, JALAHALLI WEST BENGALURU - 560 015. …APPELLANT (BY SRI G. RAVISHANKAR SHASTRY, ADVOCATE) AND: 1. VASANTHI RAI W/O. VITTAL RAI AGED ABOUT 84 YEARS. 2. RAJESH RAI S/O. VITTAL RAI AGED ABOUT 43 YEARS. 3. GANESH RAI S/O. VITTAL RAI AGED ABOUT 54 YEARS. RESPONDENT NO.1 TO 3 ARE ALL RESIDING AT MANJITHOTTU HOUSE BILIYOOR POST BANTWAL TALUK D.K. DISTRICT PIN - 574 325. Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010280362025 NC: 2026:KHC:49331 MFA No. 3133 of 2025 4. SURESH RAI S/O. VITTAL RAL AGED ABOUT 56 YEARS RESIDING AT G-10 ADITHYA AHOMES NEAR KADRI POLICE STATION MANGALORE, D.K.DISTRICT PIN - 575 002. 5. SUDHAMANI W/O. GANESH RAI AGED ABOUT 57 YEARS RESIDING AT BUDIYAR HOUSE KURIYA POST AND VILLAGE PUTTUR TALUK, D.K. DISTRICT PIN - 574 210. 6. BHARATH CO-OPERATIVE BANK (MUMBAI) LTD. MOODABIDRE BRANCH C/O. HOTEL VEENU SKY PLAZA KARKALA ROAD, MOODABIDRE REPRESENTED BY ITS MANAGER PIN - 574 227. 7. BHARATH CO- OPERATIVE BANK (MUMBAI) LTD. PUTTUR BRANCH, NO. 1-659 A OM ARCADE, NEAR INLAND MAYURA BEHIND ARAVIND MOTOR BOLWAR PUTTUR, D.K. REPRESENTED BY ITS MANAGER - 574 201. …RESPONDENTS (BY SRI PUNDIKAI ISHWARA BHAT, ADVOCATE FOR R6 AND R7) THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 03.04.2025 PASSED ON I.A.NO.II IN O.S.NO.13/2025 BY THE PRINCIPAL SENIOR CIVIL JUDGE AND ACJM, PUTTUR, DAKSHINA KANNADA. - 3 - HC-KAR CNR: KAHC010280362025 NC: 2026:KHC:49331 MFA No. 3133 of 2025 THIS APPEAL, COMING ON FOR ADMISSION, 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 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: KAHC010280362025 NC: 2026:KHC:49331 MFA No. 3133 of 2025 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) Since the parties are represented before this Court, they shall appear before the learned - 5 - HC-KAR CNR: KAHC010280362025 NC: 2026:KHC:49331 MFA No. 3133 of 2025 District Judge on 07.10.2026 without awaiting any further notice. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 22