Karnataka High Court
MFA/4962/2026 of SRI D P MURALIRAJA Vs SMT. A P GAYATHRI on 24 September 2026
CNR: KAHC010451232026 NC: 2026:KHC:53044 MFA No. 4962 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 4962 OF 2026 (CPC) BETWEEN: SRI D P MURALIRAJA S/O. SRI. K.
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
MISCELLANEOUS FIRST APPEAL NO. 4962 OF 2026 (CPC)
BETWEEN:
SRI D P MURALIRAJA
S/O. SRI. K. PILLANNA
AGED ABOUT 66 YEARS,
R/O. SHILPA KALA SHALA ROAD,
6TH WARD, DEVANAHALLI TOWN,
BENGALURU RURAL DISTRICT,
BENGALURU - 562 110.
…APPELLANT
(BY SRI. R.B. SADASHIVAPPA, ADVOCATE)
AND:
1.
SMT. A.P. GAYATHRI
D/O. LATE SRI. A.P. PRABHUSHAMAPPA,
AGED ABOUT MAJOR,
NO.134, BHEL LAYOUT,
KENCHENAHALLI, RAJARAJESHWARINAGAR,
BENGALURU - 560 098.
2.
SMT. A.P. BHARATHI,
D/O. LATE SRI. A.P. PRABHUSHAMAPPA,
AGED ABOUT MAJOR,
NO.258/12/4, KANAKAPURA MAIN ROAD,
7TH BLOCK, JAYANAGARA,
BENGALURU - 560 070.
3.
SML. MEENAKSHI,
W/O. LATE SRI. A.P. VARADARAJ,
AGED ABOUT MAJOR,
NO.703. 39TH CROSS ROAD,
16TH 'A' MAIN ROAD,
Digitally
signed by
VINUTHA M
Location:
HIGH
COURT OF
KARNATAKA
HC-KAR
4TH 'T' BLOCK, JAYANAGAR,
BENGALURU - 560 041.
4.
MS. SOUMYA S.,
LATE SMT. A.P. SANDHYA,
D/O. LATE SRI. A.P. PRABHUSHAMAPPA,
AGED ABOUT 25 YEARS,
NO.1234/A, 26TH 'A' MAIN ROAD,
4TH 'T' BLOCK, JAYANAGAR,
BENGALURU - 560 041.
5.
SMT. D.P. SUJATHA,
D/O. LATE SRI. D.K. PILLANNA
AGED ABOUT 73 YEARS,
NO.258/12, KANAKAPURA MAIN ROAD,
7TH BLOCK, JAYANAGARA,
BENGALURU - 560 070.
6.
SMT. DEEPTHI H.V.,
D/O. SRI. H. VISHVANATH,
AGED ABOUT MAJOR,
NO.114, SHRAVANTHI WOODS,
NOBO NAGARA, CANARA BANK LAYOUT,
BANNERUGHATTA ROAD,
BENGALURU - 560 076.
7.
SMT. ARATHI H.V.,
D/O. SRI. H. VISHVANATH,
AGED ABOUT MAJOR,
NO.17, 1ST MAIN ROAD,
1ST BLOCK, 2ND STAGE,
NAGARABHAVI,
BENGALURU - 560 072.
8.
SMT. KEERTHI H.V.
D/O. SRI. H. VISHVANATH,
AGED ABOUT MAJOR,
9.
SRI. C. KUMAR,
S/O. LATE SRI. D.K. CHANNAPPA,
HC-KAR
AGED ABOUT 55 YEARS,
10.
SRI. C. BASUVARAJU,
S/O. LATE SRI. D.K. CHANNAPPA,
AGED ABOUT 45 YEARS,
11.
SRI. C. KRISHNA,
S/O. LATE SRI. D.K. CHANNAPPA,
AGED ABOUT 37 YEARS,
12.
SRI. G. BHASKARA,
S/O. LATE SRI. D.K. CHANNAPPA,
AGED ABOUT 37 YEARS,
SL. NOS.9 TO 12 ARE RESIDING AT
SHILPA KALA SHALA ROAD,
GANIGARA BEEDI,
DEVANAHALLI TOWN,
BENGALURU RURAL DISTRICT - 562 110.
13.
SMT. RATHNAMMA,
D/O. LATE SRI. D.K. CHANNAPPA,
W/O. LATE SRI. PUTRAJAPPA,
AGED ABOUT 79 YEARS,
RESIDING AT RADHA BANGLE STORE,
KURUBARA PETE, HOSKOTE TOWN,
BENGALURU DISTRICT - 562 114.
14.
SMT. VISHALAKSHI,
W/O. LATE SRI. V. GIRISH,
AGED ABOUT 77 YEARS,
MANDARA, 3RD MAIN,
3RD 'D' CROSS, SRIKRISHNA NAGAR,
GOKUL EXTENSION,
BADDIHALLI MAIN ROAD,
TUMAKURU - 572 104.
15.
SMT. NALINAKSHI,
D/O. LATE SRI. D.K. CHANNAPPA,
W/O. LATE SRI. CHANDRASHEKHARA,
HC-KAR
AGED ABOUT 75 YEARS,
WORKING IN HMT FACTORY,
VINAYAKA LAYOUT,
KOTHI BANDE, VIJAYANAGARA,
BENGALURU - 560 040.
16.
SMT. RAJESHWARI,
D/O. LATE SRI. D.K. CHANNAPPA,
W/O. DR. M. CHANDRASHEKAR,
AGED ABOUT 73 YEARS,
VAISHNAVI DEVI CLINIC,
NEAR AYYAPPA TEMPLE,
BANASWADI MAIN ROAD,
BENGALURU CITY - 560 033
17.
SMT. GIRIJA,
D/O. LATE SRI. D.K. CHANNAPPA,
W/O. SRI. SHANTHA MURTHY,
AGED ABOUT 69 YEARS,
R/AT GAYATHRI FANCY STORES,
GANDHI CHOWKA, VIJAYAPURA TOWN,
DEVANAHALLI TALUK - 562 135.
18.
SMT. JAMUNA,
D/O. LATE SRI. D.K. CHANNAPPA,
W/O. LATE SRI. RENUKA PRASAD,
AGED ABOUT 66 YEARS,
R/AT NEAR GULLAPPA CIRCLE,
KAMMANAHALLI,
BENGALURU CITY - 560 084
19.
SMT. LALITAMMA,
W/O. LATE SRI. CHICKARUDRAPPA
@ MARIYANNA,
AGED ABOUT 88 YEARS,
R/AT SHILPA KALA SHALA ROAD,
DEVANAHALLI TOWN,
BENGALURU RURAL DISTRICT - 562 110.
20.
SRI. R. RAVINDRA,
HC-KAR
S/O. LATE SRI. CHICKARUDRAPPA
@ MARIYANNA,
AGED ABOUT 66 YEARS,
R/AT SHILPA KALA SHALA ROAD,
GANIGARA BEEDI, DEVANAHALLI TOWN,
BENGALURU RURAL DISTRICT - 562 110.
21.
SMT. RENUKA,
D/O. LATE SRI. CHICKARUDRAPPA
@ MARIYANNA,
W/O. SRI. NARAYANASWAMY,
AGED ABOUT 68 YEARS,
R/AT GANIGARA BEEDI,
DEVANAHALLI TOWN,
BENGALURU RURAL DISTRICT - 562 110.
22.
SMT. DAYAMANI,
D/O. LATE SRI. CHICKARUDRAPPA
@ MARIYANNA,
W/O. SRI. RAJKUMAR,
AGED ABOUT 63 YEARS,
R/AT NEAR TOWN POLICE STATION,
DODDABALLAPURA,
BENGALURU RURAL DISTRICT - 561 203.
23.
SRI. RAJASHEKAR R.,
S/O. LATE SRI. CHICKARUDRAPPA
@ MARIYANNA,
AGED ABOUT 61 YEARS,
SHILPA KALA SHALA ROAD, DEVANAHALLI,
BENGALURU RURAL DISTRICT - 562 110.
24.
SMT. JAYASREE,
AGED ABOUT 61 YEARS,
R/AT JAI HINDU BUILDINGS,
NAGARTHARA PETE,
CHIKKABALLAPURA TOWN
AND DISTRICT - 562 101.
25.
SMT. CHAITRA,
D/O. SMT. JAYASHREE,
HC-KAR
AGED ABOUT 31 YEARS,
JAI HINDU BUILDINGS,
NAGARTHARA PETE,
CHIKKABALLAPURA TOWN
AND DISTRICT - 562 101.
26.
KUM. SINDHU,
AGED ABOUT 29 YEARS,
D/O. SMT. JAYASHREE,
JAI HINDU BUILDINGS,
NAGARTHARA PETE,
CHIKKABALLAPURA TOWN
AND DISTRICT - 562 101.
27.
SMT. SHOBHA,
W/O. LATE SRI. R. SHIVAKUMAR,
AGED ABOUT 54 YEARS,
R/AT JAI HINDU BUILDINGS,
NAGARTHARA PETE,
CHIKKABALLAPURA TOWN
AND DISTRICT - 562 101.
28.
SMT. SUPRIYA,
D/O. LATE SRI. R. SHIIYAKUMAR,
AGED ABOUT 31 YEARS,
R/AT JAI HINDU BUILDINGS,
NAGARTHARA PETE,
CHIKKABALLAPURA TOWN
AND DISTRICT - 562 101.
29.
SMT. D.P. ASHA RANI,
D/O. SRI. K. PILLANNA,
AGED ABOUT 73 YEARS,
SHIVA KRUPA,
OPP. PARK J.C. EXTENSION,
VIJAYAPURA,
DEVANAHALLI TALUK - 562 135.
30.
SMT. D.P. USHA RANI,
D/O. SRI. K. PILLANNA,
HC-KAR
AGED ABOUT 71 YEARS,
DOOR NO.783, 3RD MAIN,
5TH CROSS, BEML BADAVANE,
3RD STAGE, RAJARAJESHWARI NAGARA,
BENGALURU SOUTH,
BENGALURU - 560 098.
31.
DR. D.P. NATARAJA,
S/O. SRI. K. PILLANNA,
AGED ABOUT 69 YEARS,
SRI KANAKA SANTRUPTHI NILAYA,
SULEBELE ROAD,
DEVANAHALLI TOWN - 562 110,
BENGALURU RURAL DISTRICT.
32.
SMT. K.B. ANITHA,
W/O. LATE SRI. D.P. VARADARAJA,
AGED ABOUT 54 YEARS,
SRI KANAKA SANTRUPTHI NILAYA,
SULEBELE ROAD,
DEVANAHALLI TOWN - 532 110.
BENGALURU RURAL DISTRICT.
33.
SMT. PARVATHA RANI,
D/O. SRI. K. PILLANNA,
AGED ABOUT MAJOR,
NO.6, 1ST MAIN ROAD,
OPP VIBHAV RESIDENCY,
G.M. PALYA, NEW THIPPASANDRA POST,
BENGALURU - 560 075.
…RESPONDENTS
(BY SRI. JAYARAMAIAH, ADVOCATE R6 AND R8)
THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) OF
CPC, PRAYING TO SET ASIDE THE ORDER DATED 04.04.2026
PASSED ON I.A.NO.1 IN O.S.NO.369/2023 BY THE PRINCIPAL
SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
HC-KAR
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 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;
HC-KAR
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 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 27.10.2026 without awaiting any further notice.
Sd/- (PRADEEP SINGH YERUR) JUDGE
CPN List No.: 1 Sl No.: 36