Karnataka High Court

MFA/7691/2025 of D S SURESH Vs NARASIMHA MURTHY, on 24 September 2026

Cites 0, Cited by 0

CNR: KAHC010675742025 NC: 2026:KHC:53126 MFA No. 7691 of 2025 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.7691 OF 2025 (CPC) BETWEEN: D.S.SURESH S/O D C

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.7691 OF 2025 (CPC)

BETWEEN:

D.S.SURESH

S/O D C SHANTHAVEERANNA,

AGED ABOUT 56 YEARS

AGRICULTURIST,

R/O DORANALU VILLAGE,

KASABA HOBLI,

TARIKERE TALUK

CHIKKAMAGALURU 577 228

…APPELLANT

(BY SRI.YATHIN B., ADVOCATE)

AND:

1.

NARASIMHA MURTHY,

S/O LATE NARAYANAPPA

AGED ABOUT 45 YEARS,

AGRICULTURIST,

R/O BAVIKERE VILLAGE,

LAKKAVALLI HOBLI,

TARIKERE TALUK

2.

NAGARAJA

S/O LATE NARAYANAPPA

AGED ABOUT 52 YEARS,

AGRICULTURIST,

R/O BAVIKERE VILLAGE,

LAKKAVALLI HOBLI,

TARIKERE TALUK

Digitally

signed by

VINUTHA M

Location:

HIGH

COURT OF

KARNATAKA

HC-KAR

3.

SMT.MANJULA

D/O NARAYANAPPA

AGED ABOUT 45 YEARS,

AGRICULTURIST,

R/O INDURU VILLAGE,

SASIVEHALLI HONNALI TALUK,

DAVANAGERE DISTRICT

ALSO

C/O NARASIMHA MURTHY

BAVIKERE VILLAGE

LAKKAVALLI HOBLI

TARIKERE TALUK

… RESPONDENTS

(BY SMT.SHRUTHI.S.P.,ADVOCATE FOR R-1 TO R-3)

THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT. 06.08.2025 PASSED ON IA.NO.1 IN

O.S.NO. 155/2024 ON THE FILE OF THE SENIOR CIVIL JUDGE

AND PRL JMFC, TARIKERE, REJECTING THE IA.NO.1 FILED

U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC, 1908.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

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

HC-KAR

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) Since parties are represented before this Court, they shall appear before the jurisdictional District Court on 28.10.2026 without awaiting further notice from this Court.

Sd/- (PRADEEP SINGH YERUR) JUDGE GSS List No.: 1 Sl No.: 26

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead