- 1 - HC-KAR CNR: KAHC010285502025 NC: 2026:KHC:51567 MFA No. 3248 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. 3248 OF 2025 (CPC) BETWEEN: 1. SRI G H NAGARAJU S/O LATE HANUMANTHAIAH, 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 THOPALAH, 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 Digitally signed by VINUTHA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010285502025 NC: 2026:KHC:51567 MFA No. 3248 of 2025 4. SRI RAMESHA B S/O BORAIAH, AGED ABOUT 48 YEARS, 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 SN 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, - 3 - HC-KAR CNR: KAHC010285502025 NC: 2026:KHC:51567 MFA No. 3248 of 2025 R/AT NO. 27, KACHOHALLI MAIN ROAD, NEAR PANCHAYAT OFFICE, MAGADI MAIN ROAD, LAKSHMIPURA POST, K.G. SRIKANTAPURA, 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 - 4 - HC-KAR CNR: KAHC010285502025 NC: 2026:KHC:51567 MFA No. 3248 of 2025 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. 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 TO R4 IS DISPENSED WITH) THIS MFA IS FILED U/O. 43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT. 15.02.2025 PASSED BY II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA, ON IA NO.1 IN O.S.NO.584/2024 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA, ALLOWING THE IA.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SEC.151 OF CPC, 1908. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR CNR: KAHC010285502025 NC: 2026:KHC:51567 MFA No. 3248 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: - 6 - HC-KAR CNR: KAHC010285502025 NC: 2026:KHC:51567 MFA No. 3248 of 2025 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. 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. - 7 - HC-KAR CNR: KAHC010285502025 NC: 2026:KHC:51567 MFA No. 3248 of 2025 v) Learned counsel for appellants and learned counsel for the respondents are present. Hence, the parties shall appear before the learned District Judge on 28.10.2026 without awaiting further notice. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 49