Karnataka High Court
MFA/2454/2023 of SMT KAMALAMMA Vs SRI. PURUSHOTHAM on 22 September 2026
CNR: KAHC010196982023 NC: 2026:KHC:52311 MFA No. 2454 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 2454 OF 2023 (CPC) BETWEEN: 1. SMT KAMALAMMA D/O LATE
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
MISCELLANEOUS FIRST APPEAL NO. 2454 OF 2023 (CPC)
BETWEEN:
1.
SMT KAMALAMMA
D/O LATE VEERABADRAPPA,
W/O MARIYAPPA,
AGED ABOUT 44 YEARS,
R/AT NO 92, THELAGARAHALLI VILLAGE,
KASABA HOBLI,
ANEKAL TALUK - 562 106,
BANGALORE DISTRICT
2.
SMT SHASHIKALA
D/O LATE VEERABHADRAPPA,
W/O RAJAPPA,
AGED ABOUT 42 YEARS,
R/AT GARUDACHARPALYA,
VARTHUR HOBLI,
BANGALORE EAST TALUK - 560 048
3.
SMT SHILPA
D/O LATE VEERABHADRAPPA,
W/O K M PRAKASH,
AGED ABOUT 38 YEARS,
R/AT NO 99, KUDLU VILLAGE,
MADIVALA POST, ANEKAL TALUK,
BANGALORE DISTRICT - 560 068
…APPELLANTS
(BY SRI. PRASHANTH M.M., ADVOCATE)
Digitally
signed by
VINUTHA M
Location:
HIGH
COURT OF
KARNATAKA
HC-KAR
AND:
1.
SRI. PURUSHOTHAM
S/O LATE VEERABADRAPPA,
AGED ABOUT 41 YEARS,
R/AT KUDLU VILLAGE,
MADIVALA POST,
ANEKAL TALUK,
BANGALORE DISTRICT - 560 068
…RESPONDENT
(BY SRI. M.K. SHIVARAM, ADVOCATE)
THIS MFA IS FILED U/O.43 RULE 1(r) OF CPC, AGAINST
THE ORDER DT.11.11.2021 PASSED ON IA NO.1 AND 3 IN
O.S.NO.158/2019 ON THE FILE OF THE PRL. SENIOR CIVIL
JUDGE AND JMFC, ANEKAL, DISMISSING IA NO.1 FILED U/O.39
RULE 1 AND 2 OF CPC AND IA NO.3 FILED U/O.39 RULE 10 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
HC-KAR
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. ii) Registry is directed to transfer the entire record of the case, to the concerned Principal District & Sessions Judge, who may assign it to
HC-KAR
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) Learned counsel for appellants and learned counsel for the respondents are present. Hence, the parties shall appear before the learned District Judge on 26.10.2026 without awaiting further notice. vi) As an interim order is granted by this Court, the same shall continue till disposal of the
HC-KAR
application before the District Court. No opinion is expressed by this Court.
Sd/- (PRADEEP SINGH YERUR) JUDGE
RCK List No.: 1 Sl No.: 15