- 1 - HC-KAR CNR: KAHC010360042025 NC: 2026:KHC:48737 MFA No. 4177 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. 4177 OF 2025 (CPC) BETWEEN: MR RAJESH NAIK S/O LATE PRASANNA NAIK, AGED ABOUT 55 YEARS, RESIDING AT 103, 3RD CROSS, 8TH A MAIN, JAKKASANDRA, KORMANGALA III BLOCK, BENGALURU-560 034. …APPELLANT (BY SRI. PUNDIKAI ESHWARA BHAT, ADVOCATE) AND: 1. MRS. B. SUMATHI NAIK, W/O LATE PRASANNA NAIK, AGED 85 YEARS, RESIDING AT 'PRAKRUTHI', VYASA RAO ROAD, KADRI, MANGALORE-575003. 2. MRS. KRIPA ALVA, D/O LATE. PRASANNA NAIK, W/O LATE AMAR ALVA, AGED ABOUT 57 YEARS, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010360042025 NC: 2026:KHC:48737 MFA No. 4177 of 2025 RESIDING AT 'PRAKRUTHI', VYASA RAO ROAD, KADRI, MANGALORE-575003. INTER-ALIA RESIDING AT S2P2, ANAA INFRAS SIGNATURE, NIRGUNA MANDIR LAYOUT, CAUVERY COLONY, IST BLOCK KORAMANGALA, BENGALURU- 560095. 3. MISS. AAKRUTHI ALVA, AGED ABOUT 32 YEARS, D/O KRIPA ALVA, RESIDING AT 'PRAKRUTHI', VYASA RAO ROAD, KADRI, MANGALORE-575003. INTER-ALIA RESIDING AT S2P2, ANAA INFRAS SIGNATURE, NIRGUNA MANDIR LAYOUT, CAUVERY COLONY, IST BLOCK KORAMANGALA, BENGALURU- 560095. 4. B. SUBBAYA SHETTY S/O LATE. RAMABAI AND LAKKANNA SHETTY, AGED ABOUT 89 YEARS, RESIDING AT APT NO 308, NEELADRI MAHAL B BLOCK, NANDI DURGA ROAD, BANGALORE-560046. 4(A) MRS. UMA SAVANOOR W/O DR. GANESH AGED ABOUT 60 YEARS - 3 - HC-KAR CNR: KAHC010360042025 NC: 2026:KHC:48737 MFA No. 4177 of 2025 R/AT 7227, ST. ROBERTS LANE TOLEDO, OHIO 43617 4(B) MRS. RESHMA HEGDE W/O MR. DR. NIKHILANAND HEGDE AGED ABOUT 57 YEARS R/AT 2043, HIGH POINT 2 PALACE ROAD BENGALURU - 560 001 4(C) MS. SHAKRI HEGDE D/O DR. GANESH AGED ABOUT 32 YEARS R/AT 7227, ST. ROBERTS LANE TOLEDO, OHIO 43617 4(D) MS. MIHIKA HEGDE D/O DR. NIKHILANAND HEGDE AGED ABOUT 30 YEARS R/AT 2043, HIGH POINT 2 PALACE ROAD BENGALURU - 560 001 4(E) MS. RUHIKA HEDGE D/O DR. NIKHILANAND HEGDE AGED ABOUT 26 YEARS R/AT 2043, HIGH POINT 2 PALACE ROAD BENGALURU - 560 001 5. MR. ASHITH SHETTY, S/O LATE VITTAL SHETTY AGED ABOUT 52 YEARS, RESIDING AT NO 301/302, 3RD FLOOR, NO.98/1 EBRAHIM RESIDENCY, RESIDENCY ROAD, BANGALORE-560025. - 4 - HC-KAR CNR: KAHC010360042025 NC: 2026:KHC:48737 MFA No. 4177 of 2025 6. AJITH SHETTY, S/O LATE. VITTAL SHETTY, AGED ABOUT 50 YEARS, RESIDING AT C/O COAST TO COAST, NO.56, ABOVE STARBUCKS, CHURCH STREET, BANGALORE-560001. 7. AMITH SHETTY, S/O LATE VITTAL SHETTY, AGED ABOUT 48 YEARS, RESIDING AT C/O COAST TO COAST, NO.56, ABOVE STARBUCKS, CHURCH STREET, BANGALORE-560001. …RESPONDENTS (BY SRI. RAGHAVENDRA SHENOY M., ADVOCATE FOR C/R-1, R2 R4(B), R4(D) & R4(E) ARE SERVED AND UNREPRESENTED) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT. 25.04.2025 PASSED ON IA NO.2 IN O.S.NO. 11/2024 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MANGALURU, DISMISSING THE IA.NO.II FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC, 1908. 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: KAHC010360042025 NC: 2026:KHC:48737 MFA No. 4177 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: KAHC010360042025 NC: 2026:KHC:48737 MFA No. 4177 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.: 12