Karnataka High Court
MFA/3269/2022 of S MUNI SANJEEVAHIAH Vs SMT MANGALAMMA on 29 September 2026
CNR: KAHC010044352022 NC: 2026:KHC:54253 MFA No. 3269 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 3269 OF 2022 (CPC) BETWEEN: S. MUNI SANJEEVAHIAH SON OF LATE
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
MISCELLANEOUS FIRST APPEAL NO. 3269 OF 2022 (CPC)
BETWEEN:
S. MUNI SANJEEVAHIAH
SON OF LATE SIDDAPPA
SINCE APPELLANT EXPIRED
ON 28.07.2023, REP. BY LRS.
1(a) SRI LAKSHMIDEVI THIMMAIH
W/O. LATE MUNISANJEEVAIAH S.
AGED ABOUT 85 YEARS.
1(b)
SRI JANARDHAN M. L.
S/O. LATE MUNISANJEEVAHAIAH S.
AGED ABOUT 51 YEARS.
1(c)
SRI VINOD M.L. KUMAR
S/O. MUNISANJEEVAIAH S.
AGED ABOUT 47 YEARS
THE APPELLANTS NO.1(A) TO 1(C) ARE
R/AT NO.25 (NEW NO.14) "BHARGAVI"
13TH MAIN ROAD, BETWEEN
15TH AND 16TH CROSS
MALLESWHARAM
BENGALURU - 560 055.
…APPELLANTS
(BY SRI GIRIDHAR S.V., ADVOCATE)
AND:
SMT. MANGALAMMA
DAUGHTER OF LATE DAVANDAIAH
AGED ABOUT 69 YEARS
Digitally
signed by
VINUTHA M
Location:
HIGH
COURT OF
KARNATAKA
HC-KAR
RESIDENT OF CHIKKABANAVARA
YESHWANTHAPURA HOBLI
BANGALORE NORTH TALUK
BANGALORE - 560 090.
…RESPONDENT
THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) READ
WITH SECTION 151 OF CPC, PRAYING TO SET ASIDE THE
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ORDER
DATED 10.11.2021 PASSED ON I.A.NO.1 IN R.A.NO.41/2021 BY VI ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU.
THIS APPEAL, COMING ON FOR ADMISSION, 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.
HC-KAR
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;
HC-KAR
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) Since the parties are represented before this Court, they shall appear before the learned District Judge on 29.10.2026 without awaiting any further notice.
Sd/- (PRADEEP SINGH YERUR) JUDGE
CPN List No.: 1 Sl No.: 23