- 1 - HC-KAR CNR: KAHC010627932026 NC: 2026:KHC:52581 MFA No. 6823 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 6823 OF 2026 (CPC) BETWEEN: 1. SMT. AYESHA V. S. W/O. MAHABOOB KHAN AGED ABOUT 47 YEARS. PERMANENT RESIDENT OF VAKKALERI VILLAGE VAKKALERI HOBLI KOLAR TALUK AND DISTRICT - 563 130. 2. SMT. FAMIDA BEGAM W/O. IMTHIYAZ PASHA AGED ABOUT 34 YEARS. RESIDENT OF NANDAMBAHALLI VILLAGE, HUTHUR HOBLI KOLAR TALUK AND DISTRICT - 563 130. …APPELLANTS (BY SRI MANJUNATHA K., ADVOCATE) AND: 1. SMT. GULAB ZAN V. S. W/O. BABU AGED ABOUT 56 YEARS R/O. VAKKALERI VILLAGE VAKKALERI HOBLI KOLAR TALUK AND DISTRICT - 563 130. 2. SRI IMRAN PASHA S/O. BABU AGED ABOUT 30 YEARS Digitally signed by VINUTHA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010627932026 NC: 2026:KHC:52581 MFA No. 6823 of 2026 R/O. VAKKALERI VILLAGE VAKKALERI HOBLI KOLAR TALUK AND DISTRICT - 563 130. 3. SRI GOPALAKRISHNA S/O. RAMASWAMAPPA AGED ABOUT 42 YEARS R/O. JANGALAHALLI VILLAGE VAKKALERI HOBLI KOLAR TALUK AND DISTRICT - 563 130. …RESPONDENTS THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 25-04-2026 PASSED ON IA.NOS.1 AND 2 IN O.S.NO.148/2026 BY III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, KOLAR. 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. - 3 - HC-KAR CNR: KAHC010627932026 NC: 2026:KHC:52581 MFA No. 6823 of 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; 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; - 4 - HC-KAR CNR: KAHC010627932026 NC: 2026:KHC:52581 MFA No. 6823 of 2026 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. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 17