Karnataka High Court
MFA/5728/2025 of SRI H A MANJUNATH Vs SRI G VENKATARAMANAPPA on 22 September 2026
CNR: KAHC010511812025 NC: 2026:KHC:52354 MFA No. 5728 of 2025 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. 5728 OF 2025 (CPC) BETWEEN: SRI H.A. MANJUNATH S/O. LATE R.
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. 5728 OF 2025 (CPC)
BETWEEN:
SRI H.A. MANJUNATH
S/O. LATE R. ANDANAPPA
AGED ABOUT 51 YEARS
RESIDING AT HYDALU VILLAGE
KASABA HOBLI, NELAMANGALA
TALUK - 562 123
BANGALORE RURAL DISTRICT.
…APPELLANT
(BY SRI SUNIL P.P., ADVOCATE)
AND:
1.
SRI G. VENKATARAMANAPPA
S/O. LATE GANGAIAH
AGED ABOUT 75 YEARS.
2.
SRI G. BAILANJENAPPA
S/O. LATE GANGAIAH
AGED ABOUT 74 YEARS.
3.
SRI G. RAMAPPA
S/O LATE GANGAIAH
AGED ABOUT 70 YEARS.
4.
SRI G. NARAYANAPPA
S/O. LATE GANGAIAH
AGED ABOUT 68 YEARS.
5.
SMT. JAYAMMA
W/O. LATE GOVINDAPPA
AGED ABOUT 55 YEARS.
Digitally
signed by
VINUTHA M
Location:
HIGH
COURT OF
KARNATAKA
HC-KAR
6.
SRI GANGADHARA
S/O. LATE HANUMAIAH
AGED ABOUT 45 YEARS.
RESPONDENTS NO.1 TO 6
R/AT HAYDALU VILLAGE,
KASABA HOBLI, NELAMANGALA TALUK
BANGALORE RURAL DISTRICT - 562 123
BANGALORE RURAL DISTRICT.
7.
SRI N. NAZEER AHAMAD
S/O. LATE MOHAMMED
KHALANDER SAB
AGED 69 YEARS.
8.
SRI N.K. ZAHEER AHMED
S/O. LATE MOHAMMED
KHALANDER SAB
AGED 68 YEARS.
9.
SMT. N.K. JEENEETH @
JEENUTHULLAH
S/O. LATE MOHAMMED
KHALANDER SAB
AGED 63 YEARS.
RESPONDENT NOS. 7 TO 9 ARE
R/AT NO. 690, 2ND CROSS
JAYADEVA HOSTEL ROAD
NELAMANGALA TOWN - 562 213
BENGALURU RURAL DISTRICT.
…RESPONDENTS
(BY MS. DEEPA V., ADVOCATE FOR C/R6)
THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) OF
CPC, PRAYING TO SET ASIDE THE ORDER DATED 03.05.2025
PASSED ON I.A.NO.I IN OS.NO.429/2025 BY I ADDITIONAL
SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA AND ETC.
HC-KAR
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 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:
HC-KAR
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; 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
HC-KAR
District Judge on 26.10.2026 without awaiting any further notice.
Sd/- (PRADEEP SINGH YERUR) JUDGE
CPN List No.: 1 Sl No.: 33