Karnataka High Court
MFA/8964/2025 of SRI ANJINAPPA Vs KRISHNAPPA on 22 September 2026
CNR: KAHC010781772025 NC: 2026:KHC:52309 MFA No. 8964 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. 8964 OF 2025 (CPC) BETWEEN: SRI ANJINAPPA S/O LATE KUTUMAIAH
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. 8964 OF 2025 (CPC)
BETWEEN:
SRI ANJINAPPA
S/O LATE KUTUMAIAH
AGED ABOUT 70 YEARS,
RESIDING AT HOSUR BANDE VILLAGE
BIDARAHALLI HOBLI,
BANGALORE EAST TALUK
…APPELLANT
(BY SRI. B. MANJUNATH, ADVOCATE)
AND:
1.
KRISHNAPPA
S/O LATE CHILLAVENKATAPPA @ SIDDAPPA
AGED ABOUT 56 YEARS,
2.
SMT. MUTHAMMA
W/O LATE MUNIRAJU,
AGED ABOUT 44 YEARS,
RESIDING AT HOSUR BANDE VILLAGE
BIDARAHALLI HOBLI,
BANGALORE EAST TALUK
…RESPONDENTS
THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT. 20.11.2025 PASSED ON IA NO.1 IN
O.S.NO.959/2023 ON THE FILE OF THE PRL SENIOR CIVIL
Digitally
signed by
VINUTHA M
Location:
HIGH
COURT OF
KARNATAKA
HC-KAR
JUDGE,
BENGALURU
RURAL
DISTRICT,
BENGALURU,
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 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 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.
HC-KAR
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 and all rights and contentions of the parties are left open to be agitated before the concerned Appellate Court.
HC-KAR
v) List this matter before the District Court on 26.10.2026.
Sd/- (PRADEEP SINGH YERUR) JUDGE
RCK List No.: 1 Sl No.: 6