Case details

Court: Karnataka High Court · Principal Bench, Bengaluru
Decided: 1 October 2026
Bench: Pradeep Singh Yerur
Citations: 2026:KHC:55000
Case number: MFA/4738/2020
CNR: KAHC010297702020
Type: Judgment (DISPOSED)

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CNR: KAHC010297702020, case MFA/4738/2020 (search it on the eCourts High Court services website (CNR Number tab))

Karnataka High Court

MFA/4738/2020 of SRI. NARAYANAPPA Vs SRI. SHIVANANDA on 1 October 2026

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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

HC-KAR

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

HC-KAR

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.

HC-KAR

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

HC-KAR

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

HC-KAR

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:

SRI. SHIVANANDA

S/O.LATE SANJEEVIAH,

AGED ABOUT 53 YEARS,

R/AT D NO.3404, LOORD NAGAR,

LASHKAR MOHALLA,

MYSORE - 570 001.

SRI MAHESH

S/O. LATE SANJEEVAIAH,

AGED ABOUT 51 YEARS,

R/AT D.NO.3766,

BASAPPANA GARADI BEEDI,

VEERANAGAERE, LASHKAR MOHALLA,

MYSORE.

SRI. SRINIVAS

S/O. LATE SANJEEVAIAH,

AGED ABOUT 40 YEARS,

R/AT D.NO.3768, BASAPPANA GARADI BEEDI,

VEERANAGERE, LASHKAR MOHALLA,

MYSORE - 570 001.

SMT. RUKMINI

W/O. LAKSHMANA

AGED ABOUT 50 YEARS

HC-KAR

R/AT NO.3360, MANTAPA ROAD

26TH CROSS, LASHKAR MOHALLA

VEERANAGERE

MYSORE - 570 001

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

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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

HC-KAR

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.

HC-KAR

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