MFA/7990/2024 of SMT.LOURDU MARY Vs SRI.ANTHONY SWAMY on 1 October 2026

1. SMT. LOURDU MARY D/O LATE CHINNASWAMY, W/O SANDYAGAPPA, AGED ABOUT 73 YEARS, R/AT SOLLEPURAM VILLAGE, SAARAKPALLI HOBLI, DENKANIKOTE TALUK, KRISHNAGIRI DISTRICT, TAMILNADU STATE.

2. SMT. AGNESAMMA D/O LATE CHINNASWAMY, W/O LATE BERNAS, AGED ABOUT 66 YEARS, R/AT MYLASNADRA DINNE, VADDARAPALYA, BEGUR HOBLI, BENGALURU SOUTH TALUK.

3. SMT. CELINE MARY P D/O LATE AROGYAMARY, AGED ABOUT 45 YEARS,

4. SRI VIJAYKUMAR P S/O LATE AROGYAMARY, AGED ABOUT 41 YEARS,

Digitally signed by VINUTHA M Location: HIGH COURT OF KARNATAKA

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5. SRI ANIL KUMAR P S/O LATE AROGYAMARY, AGED ABOUT 36 YEARS,

SL. NO.3 TO 5 ARE R/AT 338, DANDUBEEDI (JOGBEEDI) BEGUR VILLAGE AND HOBALI.

6. SRI MADALASI MUTHU S/O BELAVENDRAN @ PILAVENDRAN, AGED ABOUT 30 YEARS,

7. SMT. ANNIYAMMA D/O LATE CHINNASWAMY, W/O ANTHONY, AGED ABOUT 52 YEARS, R/AT SOLLEPURAM VILLAGE, SAARAKPALLI HOBALI, DENKANIKOTE TALUK, KRISHNAGIRI DISTRICT, TAMILNADU STATE.

8. SMT. SAGAYA MARY D/O LATE CHINNASWAMY, AGED ABOUT 55 YEARS, R/AT NO. 29/1, THINNUR, RAJAJINAGAR, DENKANIKOTE ROAD, HOSUR - 635 109 …APPELLANTS (BY SRI. SRINIVASA, ADVOCATE) AND:

1. SRI.ANTHONY SWAMY S/O LATE CHINNASWAMY, AGED ABOUT 59 YEARS,

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2. SMT JAYAMARY W/O SRI ANTHONYSWAMY, AGED ABOUT 55 YEARS,

3. PRAJWAL S/O SRI ANTHONYSWAMY, AGED ABOUT 37 YEARS,

4. AUGUSTIN AROGYANATHA S/O SRI ANTHONYSWAMY, AGED ABOUT 35 YEARS,

5. PRATAP JOEL S/O SRI ANTHONYSWAMY, AGED ABOUT 35 YEARS,

6. DEEPA PRIYA D/O SRI ANTHONYSWAMY, AGED ABOUT 30 YEARS, DEFENDANTS NO.1 TO 6 ARE R/AT MYLASANDRA VILLAGE, BEGUR HOBALI, BENGALURU SOUTH TALUK.

7. SMT. IGENSAMMA W/O LATE CHINNAPPA, AGED ABOUT 75 YEARS,

8. SRI DAVID KUMAR S/O LATE CHINNAPPA, AGED ABOUT 52 YEARS,

9. SRI ANTHONY SAMUEL S/O LATE CHINNAPPA, AGED ABOUT 37 YEARS,

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RESPONDENTS NO.7 TO 9 ARE R/AT BAALAYESU BEEDI, MYLASANDRA VILLAGE, BEGUR HOBLI, BENGALURU SOUTH TALUK.

10. SMT. AGNESAMMA W/O LATE JOJAPPA, AGED ABOUT 75 YEARS,

11. MISS JESINTA D/O LATE JOJAPPA, AGED ABOUT 55 YEARS,

12. SMT. CHINNAMMA D/O LATE JOJAPPA, AGED ABOUT 55 YEARS,

13. SMT. PUSHPA D/O LATE JOJAPPA, AGED ABOUT 51 YEARS,

14. SMT. IGNESAMMA D/O LATE JOJAPPA, AGED ABOUT 47 YEARS,

15. SRI AROGYASWAMY S/O LATE JOJAPPA, AGED ABOUT 45 YEARS,

16. SMT. SHANTHAMMA D/O LATE JOJAPPA, AGED ABOUT 42 YEARS,

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17. SRI ANTHONAPPA S/O LATE JOJAPPA, AGED ABOUT 40 YEARS,

18. SRI JOHN S/O LATE JOJAPPA, AGED ABOUT 35 YEARS, SL.NO.10 AND 18 ARE R/AT ANTHONIYAVARA BEEDI, MYLASANDRA VILLAGE, BEGUR HOBALI, BENGALURU SOUTH TALUK.

19. SRI PHILIP S/O LATE JEEVANAPPA, AGED ABOUT 75 YEARS, R/AT DAASARAPALLI, THALI KOTHNUR, DENKANIKOTE DISTRICT, TAMILNADU STATE.

20. SMT. BALAMMA D/O LATE JEEVANAPPA, AGED ABOUT 67 YEARS, R/AT CHURCH BEEDI, BEGUR VILLAGE AND HOBALI, BENGALURU SOUTH TALUK.

21. SMT. CHOWRAMMA W/O LATE ANNIMARIYAPPA, AGED ABOUT 77 YEARS,

22. SRI ANTHONYRAJ S/O LATE ANNIMARIYAPPA, AGED ABOUT 55 YEARS,

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R/AT GAYATHRI LAYOUT, VADDARAPALYA VILLAGE, MYLASANDRA DINNE, BEGUR HOBLI, BENGALURU SOUTH TALUK.

23. SMT. KANIKYA MARY D/O LATE ANNIMARIYAPPA, AGED ABOUT 51 YEARS, R/AT AROGYAMATHE BEEDI, MYLASANDRA VILLAGE, BEGUR HOBLI, BENGALURU SOUTH TALUK.

24. SMT. AROGYA MARY D/O LATE ANNIMARIYAPPA, AGED ABOUT 49 YEARS, R/AT MESTRIPALYA, MYLASANDRA VILLAGE, BEGUR HOBALI, BENGALURU SOUTH TALUK.

25. SRI SANDYAGAPPA S/O LATE ANNIMARIYAPPA, AGED ABOUT 45 YEARS, R/AT BAALAYESU BEEDI, MYLASANDRA VILLAGE, BEGUR HOBLI, BENGALURU SOUTH TALUK.

26. SMT. DECOSTIN MARY D/O LATE ANNIMARIYAPPA, AGED ABOUT 45 YEARS, R/AT IGNESIYUS BEEDI, NEAR WATER TANK,

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MYLASANDRA DINNE, BEGUR HOBALI, BENGALURU SOUTH TALUK.

27. SRI JOHN S/O LATE LOURDU MARY, AGED ABOUT 47 YEARS,

28. SRI CHINNAPPA S/O LATE LOURDU MARY, AGED ABOUT 46 YEARS,

29. SMT. JAISHEELA D/O LATE LOURDU MARY, AGED ABOUT 45 YEARS, R/AT BAALA YESU BEEDI, NEAR MYLASANDRA SAMADI, MYLASANDRA VILLAGE, BEGUR HOBALI, BENGALURU SOUTH TALUK.

30. SMT. TERESAMMA D/O LATE ANTHONYSWAMY AGED ABOUT 61 YEARS R/AT IGENESIYUS BEEDI MYLASANDRA VILLAGE BEGLUR HOBLI BENGALURU SOUTH TALUK

31. SRI AROGYASWAMY S/O LATE BENJAMIN AGED ABOUT 34 YEARS

32. SMT. MARTINA D/O LATE BENJAMIN AGED ABOUT 31 YEARS

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SL.NOS. 30 AND 31 ARE R/AT NEAR WATER TANK MYLASANDRA DINNE VADDARAPALYA, BEGUR HOBALI BENGALURU SOUTH TALUK

33. SMT. SHANTHA KUMARI W/O LATE MOSES AGED ABOUT 47 YEARS

34. SRI LOURDU SWAMY S/O LATE MOSES AGED ABOUT 27 YEARS

35. MISS SINDHYA D/O LATE MOSES AGED ABOUT 25 YEARS

36. SMT ANNIYAMMA D/O LATE ANTHONYSWAMY AGED ABOUT 55 YEARS R/AT DANDU BEEDI BEGUR VILLAGE AND HOBLI BENGALURU SOUTH TALUK

37. SMT ANTHONAMMA D/O LATE ANTHONYSWAMY AGED ABOUT 49 YEARS R/AT SOLLEPURAM VILLAGE SAARAKPALLI HOBLI DENKANIKOTE TALUK KRISHNAGIRI DISTRICT TAMILNADU STATE

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38. SMT. AROYGYASWAMY D/O LATE ANTHONYSWAMY AGED ABOUT 45 YEARS RA/T AROGYAMATHE BEEDI MYLASANDRA VILLAGE BEGUR HOBLI BENGALURU SOUTH TALUK

39. SMT. JAYMARY W/O LATE BALARAJ AGED ABOUT 45 YEARS

40. MISS ANUSHA D/O LATE BALARAJ AGED ABOUT 25 YEARS

41. AVINJOY S/O LATE BALARAJ AGED ABOUT 21 YEARS

42. SMT PUSHPA @ PUSHPAKALA W/O LUCAS (D/O CHINNAPPA) AGED ABOUT 47 YEARS

43. SMT LOURDU MARY W/O LATE CHINNAPPA AGED ABOUT 67 YEARS

44. SMT CHANDRAKALA D/O LT CHINNAPPA W/O ANTONY RAJ AGED 47 YEARS

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45. SRI. ANTHONI RAJ S/O. LATE CHINNAPA AGED ABOUT 44 YEARS

46. SRI BAKTHINATH S/O LATE CHINNAPPA AGED ABOUT 41 YEARS R/AT MYLASANDDRA VILLAGE BEGURU HOBALI BENGALURU SOUTH TALUK

47. SRI A K ABDUL AZEEZ S/O KADER AGED ABOUT 61 YEARS LUBBAY MASJID STREET SHIVAJINAGAR BENGALURU - 560 001

48. SRI PRAVEENKUMAR REPELLE S/O LATE R L PRABHAKAR AGED ABOUT 46 YEARS R/AT NO.A-102 SRI SAI SUPREME APARTMENTS DODDAKAMAMNAHALLI LINK ROAD GOTTIGERE, BEGNALURU - 560 083

49. SRI PRAVEEN KUMAR SHETTY S/O LATE VITTAL SHETTY AGEDABOUT 47 YEARS R/AT NO 304, 3RD FLOOR SUNDER MANOR 3RD MAIN, KAVAL BYRASANDRA R T NAGAR POST BENGALURU - 560 032

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50. SRI SHAMEER MAULLPURAM S/O V C MOOSSA AGED ABOUT 47 YEARS R/AT NO 41, 9TH MAILE KUDLU GATE, GARVEBHAVIPALYA HOSUR ROAD BENGALURU - 560 100

51. SRI M A ASHOK KUMAR S/O M S ANAND AGED ABOUT 57 YEARS R/AT DAVATHA ENTERPRISES LBF ROAD BENGALURU - 560 027

52. SRI MAHABOOB PASHA S/O ABDUL GAFFUR AGED ABOUT 59 YEARS R./AT NO.80, 27TH CROSS SWAGATH MAIN ROAD THILAKNAGAR BENGALURU - 560 041

53. SRI FRANCIS S/O LATE CHKKAMARIYAPPA AGED ABOUT 56 YEARS R/AT MYLASANDRA VILALGE BEGURU HOBALI BENGALURU SOUTH TALUK

54. SRI AFROZ S/O LATE PEERSAB AGED ABOUT 43 YEARS

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R/AT NO 80, 27TH CROSS SWAGATH MAIN ROAD THIILAK NAGAR BENGALURU - 560 041 …RESPONDENTS

THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 28.05.2024 PASSED ON I.A. NO.1 IN O.S.NO. 382/2021 ON THE FILE OF THE VII ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, BENGALURU RURAL DISTRICT, BENGALURU, DISMISSING THE I.A. FILED UNDER ORDER XXXIX RULE 1 AND 2 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 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

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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. iii) In case there are pending applications, the same also be transferred to be considered by

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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.

Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 8