- 1 - HC-KAR CNR: KAHC010285522025 NC: 2026:KHC:52001 MFA No. 3255 of 2025 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. 3255 OF 2025 (CPC) BETWEEN: 1. SRI. G.H. NAGARAJU S/O LATE HANUMANTHALAH, AGED ABOUT 58 YEARS, R/AT GANGONDANAHALLI VILLAGE, LAKSHMIPURA POST, DASANAPURA HOBLI, BENGALURU - 562 162. 2. SRI. K. UMESH, S/O KRISHNAPPA, AGED ABOUT 57 YEARS, R/AT NO. 8, 1ST MAIN ROAD, KRISHNA NAGARA, MAGADI MAIN ROAD, CHIKKAGOLLARAHATTI, LAKSHMIPURA, BENGALURU - 562 123. 3. SRI. B.R. VENKATEGOWDA S/O THOPAIAH, AGED ABOUT 59 YEARS, R/AT NO. 27, KACHOHALLI MAIN ROAD, NEAR PANCHAYAT OFFICE, MAGADI MAIN ROAD, LAKSHMIPURA POST K.G. SRIKANTAPURA, BENGALURU - 561 161. 4. SRI. RAMESHA B S/O BORAIAH, AGED SHOUT 48 YEARS, Digitally signed by VINUTHA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010285522025 NC: 2026:KHC:52001 MFA No. 3255 of 2025 R/AT NO. 123, 1ST MAIN, 6TH CROSS, CHIKKAGOLLRAHATTI, OPP. EMBASSY SCHOOL, VISHWANEEDEM, BENGALURU NORTH, BENGALURU - 560 091. 5. SMT. PRAMILA, W/O SRI. K. UMESH, AGED ABOUT 53 YEARS, R/AT NO. 8, 1ST MAIN ROAD, KRISHNA NAGARA, MAGADI MAIN ROAD, CHIKKAGOLLARAHATTI, LAKSHMIPURA, BENGALURU - 562 123. 6. SMT. LATHA H.N, W/O SRI. RAMESHA B AGED ABOUT 41 YEARS, R/AT NO. 123, 1ST MAIN, 6TH CROSS, CHIKKAGOLLARAHATTI, OPP. EMBASSY SCHOOL, VISHWANEEDAM, BENGALURU NORTH, BENGALURU - 560 091. 7. SRI. ARUN KUMAR N S/O SRI. G.H. NAGARAJU, AGED ABOUT 34 YEARS, R/AT NO. 179, GANGONDANAHALLI, LAKSHMIPURA, BENGALURU - 562 123. 8. SRI. ABHISHEK GOWDA V S/O SRI. VENKATEGOWDA B.R AGED ABOUT 24 YEARS, R/AT NO. 27, KACHOHALLI MAIN ROAD, NEAR PANCHAYAT OFFICE, MAGADI MAIN ROAD, LAKSHMIPURA POST, K.G. SRIKANTAPURA, - 3 - HC-KAR CNR: KAHC010285522025 NC: 2026:KHC:52001 MFA No. 3255 of 2025 LAKSHMIPURA, BENGALURU - 561 162. 9. SRI. HAIBATTI RAMESH. M. @ RAMESH MADIWALAPPA HYBATTHI @ HYBATHI RAMESH S/O MADIWALAPPA, AGED ABOUT 43 YEARS, R/AT KADROLLI VILLAGE AND POST, BYLAHONGALA TALUK, BELGAUM DISTRICT - 591 102 ALSO AT NO. 336, 4TH MAIN, 14TH CROSS, NEAR POORNA PRAGNA SCHOOL, SADASHIVANAGAR, BENGALURU - 560 080. …APPELLANTS (BY SRI. RAKESH KUMAR R, ADVOCATE) AND: 1. SRI. YATHISH GOWDA J S/O G.V. JAYARAMAIAH, AGED ABOUT 32 YEARS, R/AT NO. 16, NEAR BBMP OFFICE, VIDYAMANYA NAGARA, ANDRAHALLI , VISHWANEEDAM POST, BENGALURU - 560 091. 2. SRI. G. SATHYANARAYANA, S/O LATE GOWRAIAH, AGED ABOUT 72 YEARS, 3. SMT. B. SHYAMALA, W/O SRI. G. SATHYANARAYANA, AGED ABOUT 67 YEARS - 4 - HC-KAR CNR: KAHC010285522025 NC: 2026:KHC:52001 MFA No. 3255 of 2025 4. SRI. S. SUHAS S/O SRI. G. SATHYANARAYANA, AGED ABOUT 36 YEARS, RESPONDENTS NOS.2 TO 4 ARE R/AT NO. 207/1, 7TH CROSS, LAKSHMIPURA GAVIPURA, BENGALURU - 560 019. …RESPONDENTS (BY SRI. SHIVAREDDY K.N, ADVOCATE FOR R1; VIDE ORDER DATED 29.04.2025, NOTICE TO R2 - R4 DISPENSED WITH) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.15.02.2025 PASSED ON IA NO.2 IN O.S.NO.584/2024 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA, ALLOWING IA NO.2 FILED U/O.39 RULE 1 AND 2 OF CPC. THIS APPEAL, COMING ON FOR FINAL HEARING, 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 - 5 - HC-KAR CNR: KAHC010285522025 NC: 2026:KHC:52001 MFA No. 3255 of 2025 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 the concerned Appellate Court having jurisdiction. - 6 - HC-KAR CNR: KAHC010285522025 NC: 2026:KHC:52001 MFA No. 3255 of 2025 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 on 28.10.2026. Sd/- (PRADEEP SINGH YERUR) JUDGE VN List No.: 2 Sl No.: 4