- 1 - HC-KAR CNR: KAHC010190792020 NC: 2026:KHC:48734 MFA No. 4951 of 2020 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. 4951 OF 2020 BETWEEN: SRI.T.S.NAGARAJU S/O. LATE. SHANKAR RAO AGED ABOUT 56 YEARS, RESIDING AT NO.77, PANDURANGA NILAYAM, 7TH MAIN ROAD, 50 FEET CROSS ROAD, HANUMANTHANAGARA BENGALURU - 560 019. …APPELLANT (BY SRI. H V DEVARAJU.,ADVOCATE) AND: 1. SRI. T.S.MANJUNATH S/O LATE SHANKAR RAO AGED ABOUT 71 YEARS, NO.410 AND 411 NAGARAJA TEXTILES AVENUE ROAD, K R MARKET BENGALURU - 560 022 2. SMT. SHASHI RANI W/O SRI SREEDHAR D/O LATE T S GAYATHRI AGED ABOUT 41 YEARS, SMART TAILOR DISPENSARY ROAD, SHIVAJINAGARA, BENGALURU - 560 040 3. SMT. RAJANI W/O LATE ASHWIN BALAJI D/O LATE T S GAYATHRI Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010190792020 NC: 2026:KHC:48734 MFA No. 4951 of 2020 RESIDING AT MUNNU RAO HOUSE NEAR GANESHA TEMPLE OPPOSITE TO ULSOOR LAKE BENGALURU - 560 042 4. SMT. T.S.VENKU BAI W/O SRI LAKSHMAN RAO D/O LATE T N SHANKAR RAO AGED ABOUT 61 YEARS, RESIDING AT NO.41K, NEAR PANDURANGA TEMPLE KAMARAJAR ROAD, SIVANCHETTI GARDENS, BENGALURU NORTH, BENGALURU - 560 040 5. SMT.T.S.SRIMATHI W/O LATE MOHAN KUMAR D/O LATE T.N.SHANKAR RAO AGED ABOUT 59 YEARS, RESIDING AT NO.166 12TH MAIN, 9TH CROSS, KAMAKSHI HOSPITAL ROAD, SARASWATHIPURAM MYSORE - 570 009. 6. SMT. SULAHCANA BAI W/O LATE T N NARAYANA RAO AGED ABOUT 75 YEARS, RESIDING AT NO.6 M T STREET BVK IYENGAR ROAD, CROSS CHICKPET, BENGALURU - 560 053 7. SRI. T.N.VIJAY S/O LATE T N NARAYANA RAO AGED ABOUT 61 YEARS, RESIDING AT NO.41K NEAR PANDURANGA TEMPLE KAMARAJAR ROAD, SIVANCHETTI GARDENS, BENGALURU NORTH, - 3 - HC-KAR CNR: KAHC010190792020 NC: 2026:KHC:48734 MFA No. 4951 of 2020 BENGALURU - 560 040. 8. SMT.T.N.PUSHPALATHA W/O SRI NARAYANA RAO D/O LATE T N NARAYANA RAO AGED ABOUT 56 YEARS, RESIDING AT NO.18 24TH CROSS, R T STREET GANDHINAGAR BENGALURU - 560 053 9. SRI. T.N.SATHESH KUMAR S/O LATE T N NARAYANA RAO AGED ABOUT 54 YEARS, RESIDING AT NO.6 M T STREET BVK IYENGAR ROAD CROSS, CHICKPET, BENGALURU - 560 053./ 10. SMT. T.N.BHARATHI W/O SRI RAMESH D/O LATE NARAYANA RAO AGED ABOUT 49 YEARS, RESIDING AT IST FLOOR NO.18 24TH CROSS RT STREET GANDHINAGAR BENGALURU - 560 053 11. SMT.ROOPA W/O LATE T N RAVI AGED ABOUT 49 YEARS, RESIDING AT NO.6 M T STREET BVK IYENGAR ROAD, CROSS CHICKPET, BENGALURU-560 053 12. SRI.SHREYAS S/O LATE T N RAVI AGED ABOUT 21 YEAS, RESIDING AT NO.6 M T STREET BVK IYENGAR ROAD, CROSS, CHICKPET, BENGALURU-560 053 13. SMT.T.S.MANJULA - 4 - HC-KAR CNR: KAHC010190792020 NC: 2026:KHC:48734 MFA No. 4951 of 2020 W/O SRI KIRAN D/O SRI T N NARAYANA RAO AGED ABOUT 43 YEARS, RESIDING AT NO.3 MUTHYALAMMA TEMPLE STREET SHIVAJINAGAR BENGALURU - 560 001 14. SMT. NAGARATHNA BAI W/O LATE T N MAHADEVA RAO AGED ABOUT 76 YEARS, RESIDING AT NO.66/1 VENKATESHWARA NILAYA KANAKAPURA ROAD, BASAVANAGUDI BENGALURU - 560 004. 15. SMT.PADMAVATHI W/O LATE T N RAMACHANDRA RAO AGED ABOUT 63 YEARS, RESIDING AT NO.6 M T STREET BVK IYENGAR ROAD CROSS, CHICKPET, BENGALURU-560 053 16. SMT.BASANTHI W/O SRI ASHOK PATHANGE D/O LATE T N RAMACHANDRA RAO AGED ABOUT 41 YEARS, RESIDING AT NO.6 M T STREET BVK IYENGAR ROAD CROSS CHICKPET, BENGALURU-560 053 17. SMT. MONIKA W/O SRI RAMESH D/O LATE T N RAMACHANDRA RAO AGED ABOUT 39 YEARS, RESIDING AT NO.233 8TH CROSS, GOVINAYAKAHALLI, KUMARASWAMY LAYOUT, 2ND STAGE, BENGALURU -560 078 - 5 - HC-KAR CNR: KAHC010190792020 NC: 2026:KHC:48734 MFA No. 4951 of 2020 18. SMT. SHEETAL D/O LATE T N RAMACHANDRA RAO AGED ABOUT 37 YEARS, RESIDING AT NO.6 M T STREET BVK IYENGAR ROAD CROSS, CHICKPET, BENGALURU-560 053 19. SMT. GEETHA D/O LATE T N RAMACHANRA RAO AGED ABOUT 34 YEARS, RESIDING AT NO.6 M T STREET BVK IYENGAR ROAD CROSS, CHICKPET, BENGALURU -560 053 20. SRI. T. N. RAJA KUMAR S/O LATE A NARASIMHAIA AGED ABOUT 77 YEARS, RESIDING AT NO.66/1A VENKATESHWARA NILAYA 1ST FLOOR OLD KANAKAPURA ROAD, BASAVANAGUDI, BENGALURU - 560 004 21. SRI. SREENIVAS A.R S/O SRI T N RAJA KUMAR AGED ABOUT 41 YEARS, RESIDING AT 66/1A VENKATESHWARA NILAYA 1ST FLOOR OLD KANAKAPURA ROAD, BASAVANAGUDI, BENGALURU - 560 004 22. SRI. RAGHAVENDRA A.R S/O SRI T N RAJA KUMAR AGED ABOUT 39 YEARS, RESIDING AT NO.66/1A VENKATESHWARA NILAYA 1ST FLOOR OLD KANAKAPURA ROAD, BASAVANAGUDI, BENGALURU - 560 004 23. SRI. GIRISH A.R S/O SRI T N RAJA KUMAR - 6 - HC-KAR CNR: KAHC010190792020 NC: 2026:KHC:48734 MFA No. 4951 of 2020 AGED ABOUT 37 YEARS, RESIDING AT NO.66/1A VENKATESHWARA NILAYA 1ST FLOOR OLD KANAKAPURA ROAD, BASAVANAGUDI, BENGALURU - 560 004 24. SRI. T.N.KRISHNA SWAMY S/O LATE A NARASIMHAIAH AGED ABOUT 73 YEARS, RESIDING AT NO.66/1A VENKATESHWARA NILAYA 1ST FLOOR OLD KANAKAPURA ROAD, BASAVANAGUDI, BENGALURU - 560 004 25. SRI. BABU RAO S/O LATE VISHWANATH AGED ABOUT 46 YEARS, RESIDING AT NO.37 7TH CROSS 6TH MAIN ROAD, HMT LAYOUT R T NAGAR POST, BENGALURU - 560 032 …RESPONDENTS (BY SRI. NARENDRA.P.R FOR C/R-6,9,10,13, AND 17 TO 19; SRI. NATARAJU.C.S, ADVOCATE FOR C/R-20 TO 23; R-3, R-3,R-16 & R-25 ARE SERVED AND UNREPRESENTED) THIS MFA IS FILED U/O. 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 21.10.2019 PASSED ON IA.NO.2 IN O.S. NO.35/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., TIPTUR, DISMISSING THE IA.NO.2 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC. BARRED BY TIME. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR - 7 - HC-KAR CNR: KAHC010190792020 NC: 2026:KHC:48734 MFA No. 4951 of 2020 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 & - 8 - HC-KAR CNR: KAHC010190792020 NC: 2026:KHC:48734 MFA No. 4951 of 2020 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.: 4