- 1 - HC-KAR CNR: KAHC010297702020 NC: 2026:KHC:55000 MFA No. 4738 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 4738 OF 2020 (CPC) BETWEEN: SRI. NARAYANAPPA SINCE DEAD BY HIS LRS LRS ARE ON RECORD AS APPELLANTS NO.1(a) TO 1(r) 1(a) SMT. SUNDRAMMA W/O. LATE NARAYANAPPA AGED ABOUT 70 YEARS R/AT D.NO.1168 "SRI YOGA NARASIMHA SWAMY NILAYA" DIVYAROOPA KALYANA MANTAPA ROAD 1ST STAGE, VIJAYANAGAR MYSURU 1(b). SMT. NANDINI R. W/O. MANJUNATH R. D/O. RAMESH AGED ABOUT 38 YEARS RESIDING AT HOUSE NO.L.I.J.33, K.H.B. COLONY, NANJANGUD TOWN MYSORE. 1(c). SRI. MAHADEV R. S/O. RAMESH AGED ABOUT 37 YEARS Digitally signed by VINUTHA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010297702020 NC: 2026:KHC:55000 MFA No. 4738 of 2020 R/AT NO.3404, 4TH CROSS LASHKAR MOHALLA VEERANGERE, MYSORE 1(d). SMT. YASHODHA D/O. RAMESH N. AGED ABOUT 38 YEARS RESIDING AT BALLENAHALLI HUSANURU TALUK, MYSORE 1(e). SMT. PRAMILA D/O. LATE NARAYANAPPA AGED ABOUT 56 YEARS R/AT D.NO.28/2 RAGHAVENDRA NILAYA HUNASURU MAIN ROAD HINKAL, MYSURU 1(f). SMT. JAYALAKSHMI W/O. LATE RAMESH AGED ABOUT 44 YEARS 1(g). SRI. AVINASH S/O. LATE RAMESH AGED ABOUT 27 YEARS 1(h). SRI. KARTHIK S/O. LATE RAMESH AGED ABOUT 25 YEARS APPELLANT NOS.1(f) TO 1(h) ARE R/AT D.NO.3405, LOORD NAGAR 4TH MAIN ROAD VEERANAGERE, MYSORE. - 3 - HC-KAR CNR: KAHC010297702020 NC: 2026:KHC:55000 MFA No. 4738 of 2020 1(i). SRI. PRATHAP R. S/O. RAMESH AGED ABOUT 35 YEARS RESIDING AT NO.1/169, HOSARAMANAHALLI VILLAGE BOLANAHALLI POST BILIKERE HOBLI, MYSORE 1(j). SRI. MANJUNATH S/O. LATE NARAYANAPPA AGED ABOUT 54 YEARS 1(k). SRI. SURESH @ SRINIVAS N. S/O. LATE NARAYANAPPA AGED ABOUT 52 YEARS 1(l). SRI. SHIVU @ SHIVAKUMAR N S/O. LATE NARAYANAPPA AGED ABOUT 49 YEARS APPELLANTS NOS.1(j) TO 1(l) ARE R/AT D.NO.1168 "SRI YOGA NARASIMHA SWAMY NILAYA" DIVYAROOPA KALYANA MANTAPA ROAD 1ST STAGE, VIJAYANAGAR, MYSORE 1(m). SMT. LAKSHMI W/O. HEMANTH AGED ABOUT 45 YEAS R/AT D.NO.4493, 7TH MAIN ROAD UDAYAGIRI ROAD, MYSORE - 4 - HC-KAR CNR: KAHC010297702020 NC: 2026:KHC:55000 MFA No. 4738 of 2020 1(n). SRI. SATHISH S/O. LATE NARYANAPPA AGED ABOUT 43 YEARS 1(o). SRI. JAGADISH S/O. LATE NARAYANAPPA AGED ABOUT 41 YEARS 1(p). SRI. MAHESH S/O. LATE NARAYANAPPA AGED ABOUT 39 YEARS 1(q). SMT. MANJULA D/O. LATE NARAYANAPPA AGED ABOUT 35 YEARS APPELLANT NOS.1(n) TO 1(q) ARE R/AT D.NO.1168, "SRI YOGA NARASIMHA SWAMY NILAYA" DIVYAROOPA KALYANA MANTAPA ROAD 1ST STAGE, VIJAYANAGAR, MYSORE. 1(r). SMT. SARASWATHI D/O. LATE NARAYANAPPA AGED ABOUT 35 YEARS D.NO.657, A-1 BLOCK 10TH CROSS, 3RD STAGE, VIJAYANAGARA MYSORE APPELLANTS NO.1(a) TO 1(r) ARE REPRESENTED BY ITS GPA HOLDER SRI. GOVINDARAJU AGED ABOUT 59 YEARS - 5 - HC-KAR CNR: KAHC010297702020 NC: 2026:KHC:55000 MFA No. 4738 of 2020 S/O. THIMMA SHETTY R/AT BILIKERE VILLAGE BILKERE HOBLI HUNSUR TALUK MYSORE DISTRICT …APPELLANTS (BY SRI. MANMOHAN P.N., ADVOCATE FOR A-1(a) TO A-1(r)) AND: 1. SRI. SHIVANANDA S/O.LATE SANJEEVIAH, AGED ABOUT 53 YEARS, R/AT D NO.3404, LOORD NAGAR, LASHKAR MOHALLA, MYSORE - 570 001. 2. SRI MAHESH S/O. LATE SANJEEVAIAH, AGED ABOUT 51 YEARS, R/AT D.NO.3766, BASAPPANA GARADI BEEDI, VEERANAGAERE, LASHKAR MOHALLA, MYSORE. 3. SRI. SRINIVAS S/O. LATE SANJEEVAIAH, AGED ABOUT 40 YEARS, R/AT D.NO.3768, BASAPPANA GARADI BEEDI, VEERANAGERE, LASHKAR MOHALLA, MYSORE - 570 001. 4. SMT. RUKMINI W/O. LAKSHMANA AGED ABOUT 50 YEARS - 6 - HC-KAR CNR: KAHC010297702020 NC: 2026:KHC:55000 MFA No. 4738 of 2020 R/AT NO.3360, MANTAPA ROAD 26TH CROSS, LASHKAR MOHALLA VEERANAGERE MYSORE - 570 001 5. SHASHIKALA W/O. CHANDRA AGED ABOUT 45 YEARS R/AT NO.302, KASABA HOBLI SIDDLINGPURA, KALASTHWADI MYSORE - 570 001 …RESPONDENTS (BY SRI. HARISCHANDRA M., ADVOCATE FOR R1) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC AGAINST THE ORDER DATED 27.01.2020 PASSED IN OS.NO.25/2017 ON THE FILE OF THE III ADDITIONAL SENIOR CITY JUDGE AND CJM, MYSURU, DISMISSING THE I.A.NO.11 FILED UNDER ORDER 39 RULE 4 R/W SECTION 151 OF CPC. 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 - 7 - HC-KAR CNR: KAHC010297702020 NC: 2026:KHC:55000 MFA No. 4738 of 2020 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: 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. - 8 - HC-KAR CNR: KAHC010297702020 NC: 2026:KHC:55000 MFA No. 4738 of 2020 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 before the District Court on 02.11.2026. vi) As an interim order is granted by this Court, the same shall continue till disposal of the application before the District Court. No opinion is expressed by this Court. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK, List No.: 1 Sl No.: 17