- 1 - HC-KAR CNR: KAHC010449412025 NC: 2026:KHC:49901 MFA No. 5137 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 5137 OF 2025 (CPC) BETWEEN: SALEEM ALTHAF S/O. F. MOHAMMAD BAVA AGED ABOUT 46 YEARS R/AT YASHEER COTTAGE T.K. COMPOUND, PUDU VILLAGE FARANGIPET POST BANTWAL TALUK D.K. DISTRICT - 574 143. …APPELLANT (BY SRI K. RAVISHANKAR, ADVOCATE) AND: MR. GEORGE LOBO S/O. LATE SHABI LOBO AGED ABOUT 65 YEARS R/AT F.A. BUILDING PADPU VILLAGE FARANGIPET POST BANTWAL TALUK D.K. DISTRICT - 574 143. …RESPONDENT THIS MFA IS FILED UNDER ORDER XLI RULE 1(R) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 15.04.2025 PASSED ON IA.NO.II IN O.S.NO.10/2024 BY THE SENIOR CIVIL JUDGE AND JMFC, BANTWAL D.K. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010449412025 NC: 2026:KHC:49901 MFA No. 5137 of 2025 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: O R D E R i) The appeal stands disposed of for statistical purposes; - 3 - HC-KAR CNR: KAHC010449412025 NC: 2026:KHC:49901 MFA No. 5137 of 2025 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 District Judge on 07.10.2026 without awaiting any further notice. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 6