- 1 - HC-KAR CNR: KAHC010477262019 NC: 2026:KHC:51535 MFA No. 8693 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 8693 OF 2019 (CPC) BETWEEN: ADAM KUNHI, S/O LATE ISUB BEARY (AVVAMMA), AGED ABOUT 58 YEARS, RESIDING AT BAYABE HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. …APPELLANT (BY SRI. RAVISHANKAR SHASTRY G., ADVOCATE) AND: 1. K. ALIMA, W/O LATE UMMAR BEARY, AGED ABOUT 54 YEARS, RESIDING AT KORYA HOUSE, BALTILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 2. IDDU KUNHI, S/O LATE UMMAR BEARY, AGED ABOUT 52 YEARS, RESIDING AT KORYA HOUSE, BALTILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 3. ASEEYA, D/O LATE UMMAR BEARY, AGED ABOUT 50 YEARS, RESIDING AT KORYA HOUSE, BALTILA VILLAGE, BANTWAL TALUK, Digitally signed by VINUTHA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010477262019 NC: 2026:KHC:51535 MFA No. 8693 of 2019 D.K.DISTRICT - 574 219. 4. K. ABDUL RAHAMAN, S/O LATE UMMAR BEARY, AGED ABOUT 49 YEARS, RESIDING AT KORYA HOUSE, BALTILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 5. K. ABBUBOKKAR, S/O LATE UMMAR BEARY, AGED ABOUT 47 YEARS, RESIDING AT KORYA HOUSE, BALTILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 6. K. ABDUL HAMEED, S/O LATE UMMAR BEARY, AGED ABOUT 45 YEARS, RESIDING AT KORYA HOUSE, BALTILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 7. K. ABDUL RAZAK, S/O LATE UMMAR BEARY, AGED ABOUT 43 YEARS, RESIDING AT KORYA HOUSE, BALTILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 8. K. MOHAMMAD HUSAIN, S/O LATE UMMAR BEARY, AGED ABOUT 42 YEARS, RESIDING AT KORYA HOUSE, BALTILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 9. K. JAMEELA, D/O LATE UMMAR BEARY, AGED ABOUT 40 YEARS, - 3 - HC-KAR CNR: KAHC010477262019 NC: 2026:KHC:51535 MFA No. 8693 of 2019 RESIDING AT KORYA HOUSE, BALTILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 10. MAIMUNA, D/O LATE UMMAR BEARY, AGED ABOUT 39 YEARS, RESIDING AT KORYA HOUSE, BALTILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 11. MARIYAMMA, W/O LATE MOIDU KUNHI, AGED ABOUT 68 YEARS, R/AT BAYABE HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 12. ABDUL HAMEED, S/O LATE MOIDU KUNHI, AGED ABOUT 48 YEARS, R/AT BAYABE HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 13. ABDUL RAHAMAN, S/O LATE MOIDU KUNHI, AGED ABOUT 45 YEARS, R/AT BAYABE HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 14. MOHAMMAD, S/O LATE MOIDU KUNHI, AGED ABOUT 43 YEARS, R/AT BAYABE HOUSE, KEDILA VILLAGE, BANTWAL TALUK, - 4 - HC-KAR CNR: KAHC010477262019 NC: 2026:KHC:51535 MFA No. 8693 of 2019 D.K.DISTRICT - 574 219. 15. RUKYA, S/O LATE MOIDU KUNHI, AGED ABOUT 41 YEARS, R/AT BAYABE HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 16. ABBUBOKKAR, S/O LATE MOIDU KUNHI, AGED ABOUT 39 YEARS, R/AT BAYABE HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 17. ABDUL LATHEEF, S/O LATE MOIDU KUNHI, AGED ABOUT 36 YEARS, R/AT BAYABE HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 18. MOHAMMAD RAFEEQ, S/O LATE MOIDU KUNHI, AGED ABOUT 34 YEARS, R/AT BAYABE HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 19. ATHEQ, S/O LATE MOIDU KUNHI, AGED ABOUT 32 YEARS, R/AT BAYABE HOUSE, KEDILA VILLAGE, BANTWAL TALUK, - 5 - HC-KAR CNR: KAHC010477262019 NC: 2026:KHC:51535 MFA No. 8693 of 2019 D.K.DISTRICT - 574 219. 20. ABDUL AZEEZ, S/O LATE MOIDU KUNHI, AGED ABOUT 31 YEARS, R/AT BAYABE HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 21. KULSU AMMA, D/O LATE MARIYAMMA, AGED ABOUT 49 YEARS, R/AT DONTAJE HOUSE, KARIYA VILLAGE AND POST, BELTHANGADY TALUK, D.K.DISTRICT - 574 212. 22. BEPATUMA, D/O LATE MARIYAMMA, AGED ABOUT 30 YEARS, R/AT MITTUR HOUSE, IDKIDU VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 23. M. HASAINAR, S/O ABDULLA, AGED ABOUT 39 YEARS, R/AT KEMMARA HOUSE, KOILA BAJATTUR VILLAGE, PUTTUR TALUK, D.K.DISTRICT - 574 201. 24. ASYAMMA, W/O ABBAS, AGED ABOUT 36 YEARS, R/AT MUNIYALAL VILLAGE, THEKKUR POST, BELTHANGADI TALUK, D.K.DISTRICT - 574 212. - 6 - HC-KAR CNR: KAHC010477262019 NC: 2026:KHC:51535 MFA No. 8693 of 2019 25. JAINABHI, W/O ABBUBOKKAR, AGED ABOUT 49 YEARS, R/AT JOGIBETTU HOUSE, MUNIYALA VILLAGE, THEKKUR POST, BELTHANGADI TALUK, D.K.DISTRICT - 574 212. 26. SARAMMA, W/O ADAM BEARY, AGED ABOUT 62 YEARS, R/AT BAGLODI HOUSE, MUNIYALA VILLAGE, THEKKUR POST, BELTHANGADY TALUK, D.K.DISTRICT - 574 212. 27. PUTTUU KUNHI, S/O LATE MOHAMMAD BEARY, AGED ABOUT 62 YEARS, R/AT BAYABE HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 28. USMAN, S/O LATE MOHAMMAD BEARY, AGED ABOUT 61 YEARS, R/AT BAYABE HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 29. SULAIMAN, S/O LATE MOHAMMAD BEARY, AGED ABOUT 57 YEARS, R/AT BAYABE HOUSE, KEDILA VILLAGE, BANTWAL TALUK, - 7 - HC-KAR CNR: KAHC010477262019 NC: 2026:KHC:51535 MFA No. 8693 of 2019 D.K.DISTRICT - 574 219. 30. ALIMAMMA, D/O LATE MOHAMMAD BEARY, AGED ABOUT 54 YEARS, R/AT BAYABE HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 31. BEPATUMA, D/O LATE MOHAMMAD BEARY, AGED ABOUT 52 YEARS, R/AT BAYABE HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 32. NEBISA, D/O LATE MOHAMMED BEARY, AGED ABOUT 49 YEARS, R/AT BAYABE HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 33. JAINABI, D/O LATE MOHAMMAD BEARY, AGED ABOUT 47 YEARS, R/AT BAYABE HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 34. RUKHYA, W/O LATE SULAIMAN, AGED ABOUT 43 YEARS, R/AT BAYABE HOUSE, KEDILA VILLAGE, BANTWAL TALUK, - 8 - HC-KAR CNR: KAHC010477262019 NC: 2026:KHC:51535 MFA No. 8693 of 2019 D.K.DISTRICT - 574 219. 35. MOHAMMAD KUNHI @ SHABEER, S/O LATE SULAIMAN, AGED ABOUT 47 YEARS, R/AT BAYABE HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 36. APSA, D/O LATE SULAIMAN, AGED ABOUT 43 YEARS, R/AT BAYABE HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 37. SHERIFA, D/O LATE SULAIMAN, AGED ABOUT 40 YEARS, R/AT BAYABE HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 38. ZUBAIDA, D/O LATE SULAIMAN, AGED ABOUT 38 YEARS, R/AT BAYABE HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 39. ZOHARA, D/O LATE SULAIMAN, AGED ABOUT 34 YEARS, R/AT BAYABE HOUSE, KEDILA VILLAGE, BANTWAL TALUK, - 9 - HC-KAR CNR: KAHC010477262019 NC: 2026:KHC:51535 MFA No. 8693 of 2019 D.K.DISTRICT - 574 219. 40. KULSU AMMA, D/O LATE SULAIMAN, AGED ABOUT 32 YEARS, R/AT BAYABE HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 41. HAMEED, S/O LATE ABBAS BEARY, AGED ABOUT 54 YEARS, R/AT BAYABE HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 42. BHASHEER, S/O LATE ABBAS BEARY, AGED ABOUT 52 YEARS, R/AT BAYABE HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 43. KULSU AMMA, D/O LATE ABBAS BEARY, AGED ABOUT 50 YEARS, R/AT BAYABE HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 44. JAMEELA, D/O LATE ABBAS BEARY, AGED ABOUT 49 YEARS, R/AT BAYABE HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. - 10 - HC-KAR CNR: KAHC010477262019 NC: 2026:KHC:51535 MFA No. 8693 of 2019 45. SAFEEYA, D/O LATE ABBAS BEARY, AGED ABOUT 47 YEARS, R/AT BAYABE HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 46. RAYANA, D/O LATE ABBAS BEARY, AGED ABOUT 45 YEARS, R/AT BAYABE HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 47. NEBISA, D/O LATE ABBAS BEARY, AGED ABOUT 44 YEARS, R/AT BAYABE HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 48. PATHUNHI, D/O LATE KUNHI POKARE BEARY, AGED ABOUT 54 YEARS, R/A ANADKA HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K. DISTRICT - 574 219. 49. MOHAMMAD, D/O LATE KUNHI POKARE BEARY, AGED ABOUT 52 YEARS, R/A BAYABE HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K. DISTRICT - 574 219. 50. IBRAHIM, - 11 - HC-KAR CNR: KAHC010477262019 NC: 2026:KHC:51535 MFA No. 8693 of 2019 S/O LATE KUNHI POKARE BEARY, AGED ABOUT 50 YEARS, SANJAYA NAGARA HOUSE, KEMMINJE VILLAGE, PUTTUR TALUK, D.K. DISTRICT - 574 201. 51. ISMAIL, S/O LATE KUNHI POKARE BEARY, AGED ABOUT 48 YEARS, R/A BAYABE HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K. DISTRICT - 574 219. 52. AVVAMMA, D/O LATE KUNHI POKARE BEARY, AGED ABOUT 45 YEARS, R/A KODLE HOUSE, BELIYURU VILLAGE, BANTWAL TALUK, D.K. DISTRICT - 574 219. 53. FATIMATH UMAIRA, W/O ABDUL RAZAQ, AGED 44 YEARS, PATRA KODI HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K. DISTRICT - 574 219. 54. HASAINAR M.H., W/O MOHAMMAD MUSLIYAR, AGED ABOUT 43 YEARS, PATRA KODI HOUSE, KEDILA VILLAGE, BANTWAL TALUK D.K. DISTRICT - 574 219. 55. MOHAMMAD AZARUDDIN, W/O ABDUL KHADER, - 12 - HC-KAR CNR: KAHC010477262019 NC: 2026:KHC:51535 MFA No. 8693 of 2019 AGED ABOU 41 YEARS, PATRA KODI HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K. DISTRICT - 574 219. 56. JAINABI, W/O ABDUL KHADAR GOUSIYA MANZIL, AGED ABOUT 39 YEARS, PATRA KODI HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K. DISTRICT - 574 219. 57. JAINABHI, W/O ZEEHAD, AGED ABOUT 37 YEARS, PATRA KODI HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K. DISTRICT - 574 219. 58. AYESHATH, W/O ABDUL KHADAR MUSLIYAR, AGED ABOUT 35 YEARS, PATRA KODI HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K. DISTRICT - 574 219. 59. SHAFIYA, W/O UMMAR, AGED ABOUT 34 YEARS, PATRA KODI HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 60. MARIYAMMA, W/O ISUBU, AGED ABOUT 33 YEARS, PATRA KODI HOUSE, KEDILA VILLAGE, - 13 - HC-KAR CNR: KAHC010477262019 NC: 2026:KHC:51535 MFA No. 8693 of 2019 BANTWAL TALUK, D.K.DISTRICT - 574 219. 61. MAIMUNA, W/O HUSAINAR, AGED ABOUT 61 YEARS, PATRA KODI HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 62. IBRAYI BEARY, S/O HUSSAINAR, AGED ABOUT 47 YEARS, PATRA KODI HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 63. ZEENATH, W/O MOHAMMAD BAYABE, AGED ABOUT 64 YEARS, PATRA KODI HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 64. ASHRAF, S/O ABDUL KUNHI, AGED ABOUT 48 YEARS, MITTA PADPU HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 65. RAHIMATHULLA, S/O MOMMAD, AGED ABOUT 49 YEARS, MITTA PADPU HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 66. NEBISA, W/O P.K. KHADAR, - 14 - HC-KAR CNR: KAHC010477262019 NC: 2026:KHC:51535 MFA No. 8693 of 2019 AGED ABOUT 48 YEARS, MITTA PADPU HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 67. HAZEEM, S/O SANMAN RAZAQ, AGED ABOUT 40 YEARS, PATRA KODI HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 68. RAZIYA SULTHAN, D/O ADAM KUNHI, AGED ABOUT 40 YEARS, R/AT BAYABE HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 69. ALBERT D SOUZA, S/O MUNIYALA D SOUZA, AGED ABOUT 54 YEARS, PATRA KODI HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 70. USMAN, S/O ARABI BEARY, AGED ABOUT 58 YEARS, R/AT BAYABE HOUSE, KEDILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. 71. PRESIDENT, MOHIYUDDIN JUMMA MAZJID, PATRA KODI, KEDILA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 219. …RESPONDENTS (BY SRI. RAJARAM SOORYAMBAIL, ADVOCATE FOR R7, R16 & R21; NOTICE TO R53 TO R71 IS DISPENSED VIDE ORDER - 15 - HC-KAR CNR: KAHC010477262019 NC: 2026:KHC:51535 MFA No. 8693 of 2019 DATED 17.02.2020; R11, R12, R13, R14, R15, R17, R18, R19, R20, R21, R22, R23, R24, R25, R26, R27, R28, R29, R30, R32, R33, R34, R35, R37, R38, R39, R40, R4, R42, R43, R44, R45, R46, R47, R48, R49, R50 AND R52 ARE SERVED AND UNREPRESENTED; (R1- DECEASED; R51 - ADDRESSEE DIED)) THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 05.08.2019 PASSED ON IA.NO.III IN O.S.NO.36/2018 BY THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, BANTWAL, D.K. 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 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. - 16 - HC-KAR CNR: KAHC010477262019 NC: 2026:KHC:51535 MFA No. 8693 of 2019 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 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; - 17 - HC-KAR CNR: KAHC010477262019 NC: 2026:KHC:51535 MFA No. 8693 of 2019 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 29.10.2026 without awaiting any further notice. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 3