- 1 - HC-KAR CNR: KAHC010675742025 NC: 2026:KHC:53126 MFA No. 7691 of 2025 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.7691 OF 2025 (CPC) BETWEEN: D.S.SURESH S/O D C SHANTHAVEERANNA, AGED ABOUT 56 YEARS AGRICULTURIST, R/O DORANALU VILLAGE, KASABA HOBLI, TARIKERE TALUK CHIKKAMAGALURU 577 228 …APPELLANT (BY SRI.YATHIN B., ADVOCATE) AND: 1. NARASIMHA MURTHY, S/O LATE NARAYANAPPA AGED ABOUT 45 YEARS, AGRICULTURIST, R/O BAVIKERE VILLAGE, LAKKAVALLI HOBLI, TARIKERE TALUK 2. NAGARAJA S/O LATE NARAYANAPPA AGED ABOUT 52 YEARS, AGRICULTURIST, R/O BAVIKERE VILLAGE, LAKKAVALLI HOBLI, TARIKERE TALUK Digitally signed by VINUTHA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010675742025 NC: 2026:KHC:53126 MFA No. 7691 of 2025 3. SMT.MANJULA D/O NARAYANAPPA AGED ABOUT 45 YEARS, AGRICULTURIST, R/O INDURU VILLAGE, SASIVEHALLI HONNALI TALUK, DAVANAGERE DISTRICT ALSO C/O NARASIMHA MURTHY BAVIKERE VILLAGE LAKKAVALLI HOBLI TARIKERE TALUK … RESPONDENTS (BY SMT.SHRUTHI.S.P.,ADVOCATE FOR R-1 TO R-3) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT. 06.08.2025 PASSED ON IA.NO.1 IN O.S.NO. 155/2024 ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRL JMFC, TARIKERE, REJECTING THE IA.NO.1 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC, 1908. THIS APPEAL, COMING ON FOR ADMISSION, 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 - 3 - HC-KAR CNR: KAHC010675742025 NC: 2026:KHC:53126 MFA No. 7691 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. - 4 - HC-KAR CNR: KAHC010675742025 NC: 2026:KHC:53126 MFA No. 7691 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) Since parties are represented before this Court, they shall appear before the jurisdictional District Court on 28.10.2026 without awaiting further notice from this Court. Sd/- (PRADEEP SINGH YERUR) JUDGE GSS List No.: 1 Sl No.: 26