Karnataka High Court
MFA/2995/2026 of SRI H MANJURAMASWAMY Vs SMT DIVYA DEVI on 22 September 2026
CNR: KAHC010278482026 NC: 2026:KHC:52307 MFA No. 2995 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. 2995 OF 2026 (CPC) BETWEEN: 1. SRI H MANJURAMASWAMY AGED
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. 2995 OF 2026 (CPC)
BETWEEN:
1.
SRI H MANJURAMASWAMY
AGED ABOUT 70 YEARS,
S/O LATE HANUMANTHEGOWDA
2.
SRI. DEVENDRA,
AGED ABOUT 56 YEARS,
S/O LATE CHANNAHANUMAIAH,
3.
SRI. M. PADMANABHA,
AGED ABOUT 60 YEARS
S/O LATE MUNIRAMAIAH,
4.
SRI. S. JAGANNATH,
AGED ABUT 64 YEARS
S/O LATE SEETHARAMAIAH,
5.
SRI.CHANDRASHEKAR,
AGED ABOUT 64 YEARS,
S/O LATE HANUMANTHAPPA,
ALL ARE RESIDING AT NO.422,
THALAGHATTAPURA VILLAGE,
KANAKAPURA MAIN ROAD,
UTTARAHALLI HOBLI, BENGALURU - 560 062.
…APPELLANTS
(BY SRI. RAKSHITHA D.J., ADVOCATE)
Digitally
signed by
VINUTHA M
Location:
HIGH
COURT OF
KARNATAKA
HC-KAR
AND:
1.
SMT DIVYA DEVI
MAJOR IN AGE,
2.
SMT. BHARATHI DEVI
MAJOR IN AGE,
NO.1 AND 2 ARE DAUGHTERS OF
SMT.SHAH DEVI AND
SRI. NARAHARI DEVI
3.
SRI. SASHENDRA SINGHJI,
MAJOR IN AGE,
S/O SURENDRA SINGHJI,
RESIDING AT FORT AUWA
FALLI DISTRICT, RAJASTHAN - 306 021.
4.
SMT. HANSADI
MAJOR IN AGE,
W/O SURENDAR SINGHJI
5.
SRI. GAJENDRA SINGHJI,
MAJOR IN AGE,
NO.4 AND 5 ARE RESIDING AT HOSPITAL COTTAGE, BENGALURU PALACE
BENGALURU - 560 080.
6.
SRI. M.R. VENKATASWAMY
MAJOR IN AGE,
S/O M.R.RAMAIAH,
RESIDING AT KORMANGALA
BENGALURU.
HC-KAR
7.
SRI. NAGESH,
MAJOR IN AGE,
RESIDING AT THALAGHATTAPURA VILLAGE,
BENGALURU SOUTH TALUK, BENGALURU.
8.
SRI.T.S.KRISHNA MURTHY,
MAJOR IN AGE,
S/O T.S. KRISHNA MURTHY
9.
SRI.T.K. DEEPAK,
MAJOR IN AGE,
S/O T.S.KRISHNA MURTHY,
RESIDING AT NO.7.1,
HAUDIN ROAD,
BENGALURU - 560 042.
10.
SRI. B. S. SUNIL,
MAJOR IN AGE,
S/O B.V.SATHYANARAYANA
RESIDING AT THALAGHATTAPURA VILLAGE,
BENGALURU SOUTH TALUK, BENGALURU.
11.
M/S. THE KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD,
REPRESENTED BY ITS MEMBER SECRETARY,
MULTISTORIED BUILDING,
DR.AMBEDKAR ROAD,
12.
THE DEPUTY COMMISSIONER,
BENGALURU CITY DISTRICT,
BENGALURU.
…RESPONDENTS
HC-KAR
THIS MFA IS FILED U/O.43 RULE 1(c) OF THE CPC, AGAINST
THE
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ORDER
DT. 11/03/2026 PASSED
IN MISC.NO.146/2019 ON THE FILE OF THE II ADDITIONAL SENIOR CITY CIVIL JUDGE , BENGALURU RURAL DISTRICT, BENGALURU., DISMISSING THE PETITION FILED PETIONERS UNEDER ORDER IX RULE 9, R/W SEC.151 OF CPC, 1908.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
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
HC-KAR
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. 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
HC-KAR
and all rights and contentions of the parties are left open to be agitated before the concerned Appellate Court. v) List this matter before the District Court on 26.10.2026.
Sd/- (PRADEEP SINGH YERUR) JUDGE
RCK List No.: 1 Sl No.: 9