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2026 DAILYLAW 41841 (KAR)

SMT KAMALAMMA v. SRI. PURUSHOTHAM

MFA/2454/2023 · 2026-09-22

Pradeep Singh Yerur

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010196982023 NC: 2026:KHC:52311 MFA No. 2454 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 2454 OF 2023 (CPC) BETWEEN: 1. SMT KAMALAMMA D/O LATE VEERABADRAPPA, W/O MARIYAPPA, AGED ABOUT 44 YEARS, R/AT NO 92, THELAGARAHALLI VILLAGE, KASABA HOBLI, ANEKAL TALUK - 562 106, BANGALORE DISTRICT 2. SMT SHASHIKALA D/O LATE VEERABHADRAPPA, W/O RAJAPPA, AGED ABOUT 42 YEARS, R/AT GARUDACHARPALYA, VARTHUR HOBLI, BANGALORE EAST TALUK - 560 048 3. SMT SHILPA D/O LATE VEERABHADRAPPA, W/O K M PRAKASH, AGED ABOUT 38 YEARS, R/AT NO 99, KUDLU VILLAGE, MADIVALA POST, ANEKAL TALUK, BANGALORE DISTRICT - 560 068 …APPELLANTS (BY SRI. PRASHANTH M.M., ADVOCATE) Digitally signed by VINUTHA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010196982023 NC: 2026:KHC:52311 MFA No. 2454 of 2023 AND: 1. SRI. PURUSHOTHAM S/O LATE VEERABADRAPPA, AGED ABOUT 41 YEARS, R/AT KUDLU VILLAGE, MADIVALA POST, ANEKAL TALUK, BANGALORE DISTRICT - 560 068 …RESPONDENT (BY SRI. M.K. SHIVARAM, ADVOCATE) THIS MFA IS FILED U/O.43 RULE 1(r) OF CPC, AGAINST THE ORDER DT.11.11.2021 PASSED ON IA NO.1 AND 3 IN O.S.NO.158/2019 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND JMFC, ANEKAL, DISMISSING IA NO.1 FILED U/O.39 RULE 1 AND 2 OF CPC AND IA NO.3 FILED U/O.39 RULE 10 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, 1964 and the judgment rendered by the Division Bench of - 3 - HC-KAR CNR: KAHC010196982023 NC: 2026:KHC:52311 MFA No. 2454 of 2023 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 District & Sessions Judge, who may assign it to - 4 - HC-KAR CNR: KAHC010196982023 NC: 2026:KHC:52311 MFA No. 2454 of 2023 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 26.10.2026 without awaiting further notice. vi) As an interim order is granted by this Court, the same shall continue till disposal of the - 5 - HC-KAR CNR: KAHC010196982023 NC: 2026:KHC:52311 MFA No. 2454 of 2023 application before the District Court. No opinion is expressed by this Court. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 15