Karnataka High Court
MFA/195/2020 of SRI DODDA MAHADEVU @ MAHADEVU Vs SMT NINGAMMA DEAD BY LEGAL HEIRS REP BY on 1 October 2026
CNR: KAHC010538902019 NC: 2026:KHC:54994 MFA No. 195 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. 195 OF 2020 (CPC) BETWEEN: SRI DODDA MAHADEVU @ MAHADEVU S/O LATE
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. 195 OF 2020 (CPC)
BETWEEN:
SRI DODDA MAHADEVU @ MAHADEVU
S/O LATE BANANAHALLI SHANNEGOWDA
@ SANNAIAH,
AGED 56 YEARS
R/AT SIDDALINGAPURA VILLAGE
KASABA HOBLI, MYSURU TALUK,
MYSURU DISTRICT - 570 002.
…APPELLANT
(BY SRI. ABHINAY Y.T.,ADVOCATE)
AND:
1.
SMT NINGAMMA,
DEAD BY LEGAL HEIRS
REP BY
SMT. DEVAMMA
D/O NINGAMMA
SINCE DECEASED REP. BY
LEGAL HEIRS
MANJU
S/O NINGARAJU
AGED ABOUT 22 YEARS
Digitally
signed by
VINUTHA M
Location:
HIGH
COURT OF
KARNATAKA
HC-KAR
2.
KUM. PALLAVI
D/O NINGARAJU
AGED ABOUT 20 YEARS
3.
SMT. BHARATHI
W/O KUMAR
AGED ABOUT 32 YEARS
R/AT K.R. MILL COLONY, RBI POST,
MYSURU TALUK AND DISTRICT.
4.
CHENNEGOWDA
S/O LATE MARIGOWDA
AGED ABOUT 29 YEAWRS
5.
SRI. KUMARA
S/O LATE MARIGOWDA
AGED ABOUT 27 YEARS
6.
SMT. BHAGYA
W/O JAVAREGOWDA
AGED ABOUT 50 YEARS
RESPONDENTS NO.1,2,4,5 AND 6 ARE RESIDING AT
ESWARA TEMLPLE ROAD,
SIDDALINGAPURA VILLAGE
KASABA HOBLI, MYSURU TALUK,
AND DISTRICT - 570 021.
…RESPONDENTS
(BY SRI. GANESH G.G., ADVOCATE FOR R1 AND R3 TO R5
R6 IS SERVED AND UNREPRESENTED)
THIS MFA IS FILED U/O. 43 RULE 1(d) OF CPC, AGAINST
THE ORDER DATED 12.11.2019 PASSED IN MIS.NO.9/2017
HC-KAR
ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND
CJM, MYSURU, DISMISSING THE PETITION FILED UNDER
ORDER IX RULE 13 OF CPC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
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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.
2. In view of the above, this Court deems it appropriate to transfer this matter to the concerned
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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. iv) It is made clear that this Court has not made any observation as to the merits of the case
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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.: 6