Karnataka High Court
MFA/4846/2026 of SRI KESHAVA R Vs SRI VENKATESH on 22 September 2026
CNR: KAHC010440352026 NC: 2026:KHC:52210 MFA No. 4846 of 2026 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.4846 OF 2026 (CPC) BETWEEN: SRI KESHAVA R S/O.RAMACHANDRAPPA
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.4846 OF 2026 (CPC)
BETWEEN:
SRI KESHAVA R
S/O.RAMACHANDRAPPA
AGED ABOUT 41 YEARS
R/AT MANDIBELE VILLAGE
VIJAYAPURA HOBLI,
DEVANAHALLI TALUK
BENGALURU RURAL DISTRICT -562 110.
…APPELLANT
(BY SRI. SHIVA KUMAR N., ADVOCATE)
AND:
1.
SRI VENKATESH
S/O. LATE DONNAPPA
AGED ABOUT 59 YEARS
2.
SMT. MUNIYAMMA,
W/O. D.VENKATESH
AGED ABOUT 49 YEARS
3.
SMT.VIMALA,
D/O. D. VENKATESH
AGED ABOUT 31 YEARS
4.
SRI. VINODA,
S/O. D. VENKATESH
AGED ABOUT 29 YEARS
Digitally
signed by
VINUTHA M
Location:
HIGH
COURT OF
KARNATAKA
HC-KAR
5.
SRI. NAGARAJ,
S/O. D. VENKATESH
AGED ABOUT 26 YEARS,
RESPONDENT NOS. 1 TO 5 ARE
R/AT WARD NO.23,
RAJEEV NAGAR,
VIJAYAPURA TOWN,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT -562 110.
6.
SRI.HARISH. T,
S/O THIRUMALAPPA M
AGED ABOUT 35 YEARS
R/AT DURGAMMA COLONY,
WARD NO.12,
VIJAYAPURA TOWN
DEVANAHALLI TALUK
BENGALURU RURAL DISTRICT-562110.
…RESPONDENTS
(BY SRI.PRADEEP K.S., ADVOCATE FOR C/R4)
THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT. 21.04.2026 PASSED ON IA NO.1 IN
O.S.NO.729/2024 ON THE FILE OF THE I ADDITIONAL
SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI, DISMISSING
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:
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 08.07.2026, which is affirmed by the Hon'ble Supreme Court in SLP(c) No.025075/2026 dated 03.08.2026.
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
HC-KAR
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) Both the appellant and the respondents shall appear before the concerned Appellate Court on 26.10.2026 without awaiting any further notice from this Court or from the concerned Appellate Court.
v) 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.
Sd/- (PRADEEP SINGH YERUR) JUDGE
VM List No.: 1 Sl No.: 46