Karnataka High Court
MFA/7691/2025 of D S SURESH Vs NARASIMHA MURTHY, on 24 September 2026
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
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…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
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