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2026 DAILYLAW 41447 (KAR)

SRI MANJUKUMAR v. SMT. MUNIRAMAKKA,

MFA/6938/2026 · 2026-09-24

Pradeep Singh Yerur

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010639002026 NC: 2026:KHC:53043 MFA No. 6938 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 6938 OF 2026 (CPC) BETWEEN: SRI MANJUKUMAR S/O. GOVINDAPPA @ KUMAR, AGED ABOUT 28 YEARS, R/AT DOOR NO.10, KANYANAYAKANA AGRAHARA VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BANGALORE RURAL DISTRICT …APPELLANT (BY SRI. ROHAN A.P., ADVOCATE) AND: 1. SMT. MUNIRAMAKKA, W/O. LATE POOJAPPA @ MUNIYAPPA AGED ABOUT 70 YEARS, R/AT KANYANAYAKANA AGRAHARA VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BANGALORE RURAL DISTRICT. 2. SRI. GOVINDAPPA @ KUMAR, S/O. LATE POOJAPPA @ MUNIYAPPA, AGED ABOUT 55 YEARS, R/AT KANYANAYAKANA AGRAHARA VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BANGALORE RURAL DISTRICT Digitally signed by VINUTHA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010639002026 NC: 2026:KHC:53043 MFA No. 6938 of 2026 3. SRI. KIRANKUMAR, S/O. GOVINDAPPA @ KUMAR, AGED ABOUT 35 YEARS, R/AT KANYANAYAKANA AGRAHARA VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BANGALORE RURAL DISTRICT 4. SRI. KRISHNAMURTHY, S/O. LATE POOJAPPA @ MUNIYAPPA, AGED ABOUT 53 YEARS, R/AT KANYANAYAKANA AGRAHARA VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BANGALORE RURAL DISTRICT. 5. SMT. DEEPA. K, D/O. KRISHNAMURTHY, AGED ABOUT 31 YEARS, R/AT KANYANAYAKANA AGRAHARA VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BANGALORE RURAL DISTRICT. 6. SMT. ROOPA. D/O. KRISHNAMURTHY AGED ABOUT 30 YEARS, R/AT KANYANAYAKANA AGRAHARA VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BANGALORE RURAL DISTRICT. 7. SMT. RADHAMMA D/O. LATE POOJAPPA @ MUNIYAPPA, AGED ABOUT 51 YEARS, R/AT KANYANAYAKANA AGRAHARA VILLAGE, JIGANI HOBLI, ANEKAL TALUK BANGALORE RURAL DISTRICT. - 3 - HC-KAR CNR: KAHC010639002026 NC: 2026:KHC:53043 MFA No. 6938 of 2026 8. SRI. MANJUNATH. N S/O. RADHAMMA, AGED ABOUT 34 YEARS, R/AT KANYANAYAKANA AGRAHARA VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BANGALORE RURAL DISTRICT. 9. SMT. NETHRAVATHI, D/O. RADHAMMA, AGED ABOUT 31 YEARS, R/AT KANYANAYAKANA AGRAHARA VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BANGALORE RURAL DISTRICT. 10. SRI. VIJAYASHANKER, S/O. RADHAMMA, AGED ABOUT 29 YEARS, R/AT KANYANAYAKANA AGRAHARA VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BANGALORE RURAL DISTRICT. 11. SRI. PAPANNA, S/O. LATE POOJAPPA @ MUNIYAPPA, AGED ABOUT 48 YEARS, R/AT KANYANAYAKANA AGRAHARA VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BANGALORE RURAL DISTRICT. 12. BABY. SHRADDA. P, D/O. PAPANNA, AGED ABOUT 8 YEARS, REPRESENTED BY HER FATHER AS NATURAL GUARDIAN NAMELY PAPANNA, R/AT KANYANAYAKANA AGRAHARA VILLAGE, - 4 - HC-KAR CNR: KAHC010639002026 NC: 2026:KHC:53043 MFA No. 6938 of 2026 JIGANI HOBLI, ANEKAL TALUK, BANGALORE RURAL DISTRICT. 13. SMT. VIJAYALAKSHMI, D/O. LATE POOJAPPA @ MUNIYAPPA, AGED ABOUT 46 YEARS, R/AT KANYANAYAKANA AGRAHARA VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BANGALORE RURAL DISTRICT. 14. MIS. SINDUSHREE, D/O. VIJAYALAKSHMI, AGED ABOUT 25 YEARS, R/AT KANYANAYAKANA AGRAHARA VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BANGALORE RURAL DISTRICT. 15. MR. ACHALL, S/O. VIJAYALAKSHMI, AGED ABOUT 23 YEARS, R/AT KANYANAYAKANA AGRAHARA VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BANGALORE RURAL DISTRICT. 16. MR. DHARSHAN. L, S/O. VIJAYALAKSHMI, AGED ABOUT 21 YEARS, R/AT KANYANAYAKANA AGRAHARA VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BANGALORE RURAL DISTRICT. 17. SMT. GOWRAMMA, D/O. LATE POOJAPPA @ MUNIYAPPA, AGED ABOUT 44 YEARS, - 5 - HC-KAR CNR: KAHC010639002026 NC: 2026:KHC:53043 MFA No. 6938 of 2026 R/AT KANYANAYAKANA AGRAHARA VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BANGALORE RURAL DISTRICT. 18. MR. PANKAJ. M, S/O. GOWRAMMA, AGED ABOUT 20 YEARS, R/AT KANYANAYAKANA AGRAHARA VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BANGALORE RURAL DISTRICT. 19. MR. SHIVASHANKAR, S/O. GOWRAMMA, AGED ABOUT 18 YEARS, R/AT KANYANAYAKANA AGRAHARA VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BANGALORE RURAL DISTRICT. 20. SMT. SHOBHA. P, D/O. LATE POOJAPPA @ MUNIYAPPA, AGED ABOUT 36 YEARS, R/AT KANYANAYAKANA AGRAHARA VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BANGALORE RURAL DISTRICT. 21. BABY. GUNASHREE, D/O. SHOBHA P, AGED ABOUT 8 YEARS, REPRESENTED BY HER MOTHER AS NATURAL GUARDIAN, NAMELY SHOBHA. P, R/AT KANYANAYAKANA AGRAHARA VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BANGALORE RURAL DISTRICT. - 6 - HC-KAR CNR: KAHC010639002026 NC: 2026:KHC:53043 MFA No. 6938 of 2026 22. SRI. RADHAKRISHNA, S/O. K.G. PUTTARAMASA, AGED ABOUT 78 YEARS, RESIDING AT NO.204-Y, 13TH MAIN ROAD, 3RD BLOCK, RAJAJI NAGAR, BANGALORE - 560 010. 23. SRI. K.S. BRIJ MOHAN, S/O. K.L. SWAMY, AGED ABOUT 45 YEARS, RESIDING AT NO.75, 3RD CROSS, RESIDENCY ROAD, BANGALORE - 560 025. …RESPONDENTS THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 19.01.2026 PASSED ON I.A.NO.2 IN OS.NO. 489/2024 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, ANEKAL, REJECTING THE I.A.NO.2 FILED UNDER ORDER 39 RULE 1 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 ORAL JUDGMENT This appeal filed before this Court is not maintainable in view of Section 19(1) of the Karnataka Civil Courts Act, - 7 - HC-KAR CNR: KAHC010639002026 NC: 2026:KHC:53043 MFA No. 6938 of 2026 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 record of the case, to the concerned Principal - 8 - HC-KAR CNR: KAHC010639002026 NC: 2026:KHC:53043 MFA No. 6938 of 2026 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) List this matter before the District Court on 28.10.2026. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 5