SRI K THIPPAIAH vs SRI C VENKATESH

Court
Karnataka High Court

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MFA No. 8221 of 2025


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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

ND
DATED THIS THE 2 DAY OF NOVEMBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

MISCELLANEOUS FIRST APPEAL NO. 8221 OF 2025 (CPC)

BETWEEN:

SRI K THIPPAIAH
S/O-KARIVAPPA
AGED ABOUT 70 YEARS
RESIDING AT NO.16,
BHIRESWARA NILAYA
9TH CROSS, RBI LAYOUT
BANGALORE - 560 024,
…APPELLANT








(BY SRI. NARAYANA SWAMY P.M., ADVOCATE)

AND:

1. SRI C VENKATESH
S/O. CHINNAPPA
AGED ABOUT 52 YEARS
RESIDING AT NO.956, 8TH CROSS,
27TH MAIN, 1ST SECTOR,
HSR LAYOUT
BANGALORE - 560 102.

2. SRI. S.Y. RAMESH
S/O LATE YALLAPPA
AGED ABOUT 54 YEARS,
RESIDING AT FLAT NO.406 B BLOCK,
ARCHITA AITHAL AAROLI APARTMENT


Digitally

signed by
VINUTHA M
Location:
HIGH
COURT OF
KARNATAKA

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80FT ROAD, OPP JNANAKSHI SCHOOL
RAJARAJESHWARINAGAR,
BANGALORE - 560 098.

3. SMT.REKHA SURESH
W/O H.SURESHA
AGED ABOUT 47 YEARS

4. SRI. H. SURESHA
S/O. G. HANUMANTHAPPA
AGED ABOUT 51 YEARS

5. MASTER.S.PRITHIVI RAJ
S/O.H.SURESHA
AGED ABOUT 17 YEARS

6. MASTER S. KEERTHI RAJ
S/O. H. SURESHA
AGED ABOUT 13 YEARS
MINOR
REP BY THEIR NATURAL GUARDIAN FATHER
SRI. H. SURESHA.
RESIDING AT NO.8, 3RD CROSS,
SUMANGALI SEVASHRAMA ROAD
CHOLANAYAKANAHALLI
R.T.NAGAR POST BANGALORE - 560 032.

7. SMT.YELLAMMA
W/O. VENKATASWAMY
AGED ABOUT 75 YEARS
RESIDING AT SAMPIGENAGARA,
HEBBAGODI POST,
VADDARAPALYA,
ATTIBELE HOBLI, ANEKAL TALUK.

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8. SRI.MARAPPA
HUSBAND OF LATE VENKATAMMA
SON-IN-LAW OF LATE VENKATAMMA
AGED ABOUT 73 YEARS

9. SMT.MUNILAKSHMI
W/O. LATE RAMESH
DAUGHTER-IN-LAW OF VENKATAMMA
AGED ABOUT 66 YEARS

10.
SMT.SWETHA
D/O LATE RAMESH
AGED ABOUT 39 YEARS

11. KUMARI.VIJAYA
D/O. LATE RAMESH
AGED ABOUT 18 YEARS

12. MASTER AJAY
S/O. LATE RAMESH
AGED ABOUT 16 YEARS.

SINCE DEFENDANTS NO.11 AND 12 ARE MINORS
REPRESENTED BY THEIR NATURAL GUARDIAN
MOTHER SMT. MUNILAKSHMI

13. SMT. JYOTHI
D/O. LATE VENKATAMMA
AGED ABOUT 39 YEARS

14.
SMT.SARASWATHI
D/O. LATE VENKATAMMA
AGED ABOUT 37 YEARS

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15. SMT.LAKSHMAMMA
W/O. LATE VENKATASWAMY
DAUGHTER IN LAW OF LATE ABBAIAH
AGED ABOUT 68 YEARS

16. SMT.NARAYANAMMA
W/O.LATE YELLAPA
DAUGHTER IN LAW OF LATE VENKATASWAMY
AGED ABOUT 35 YEARS

17.
SRI.SANJAYA
S/O. LATE YELLAPPA
AGED ABOUT 27 YEARS

18. SRI.DEEPU
S/O. LATE YELLAPPA
AGED ABOUT 23 YEARS

19.
SRI.PRAKASH
S/O LATE VENKATASWAMY
AGED ABOUT 31 YEARS

20. SMT.VARALAKSHMI
W/O. PRAKASH
AGED ABOUT 29 YEARS

21. MASTER. PRAKASH
S/O. PRAKASH
AGED ABOUT 3.5 YEARS

SINCE DEFENDANT NO.21 IS MINOR
REP BY HIS NATURAL GUARDIAN FATHER
SRI. PRAKASH

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22. SMT.THIMMAKKA
W/O.MUNISWAMY
AGED ABOUT 65 YEARS

23. SMT NAGAMMA
W/O LATE RANGANATH
D/O LATE ABBAIAH
AGE ABOUT 62 YEARS

24. M/S CAN FIN HOMES LTD
A REGISTERED HOUSING FINANCE COMPANY
INCORPORATED UNDER COMPANIES ACT 1956
HAVING ITS REGISTERED OFFICE AT
29/1 SRI M N KRISHNA RAO ROAD
BASAVANAGUDI BANGALORE - 560 004

HAVING AMONG OTHERS ITS BRANCH OFFICES AT
NO 3 AND 4 IMMADAHALLI MAIN ROAD
WHITEFIELD BANGALORE - 560 066
REP BY ITS AUTHORIZED SIGNATORY
ARUN G Y
S/O YOGACHARI G D
MANAGER
WHITEFIELD BRANCH BANGALORE

25.
SRI SANTHOSH KUMAR N
S/O NARAYANASWAMY
AGE ABOUT 38 YEARS

26.
SMT SHILPA K B
W/O SANTHOSH KUMAR N
AGE ABOUT 36 YEARS

NO.25 AND 26 ARE R/AT SRI RANGANATHA NILAYA
2ND CROSS SHANTHIPURA

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NEAR RAMA TEMPLE
ELECTRONIC CITY PHASSE 2
BANGALORE - 560 099

27. SRI NATARAJ B R
S/O RANGAPPA
AGE ABOUT 45 YEARS
R/A CHIKKNAYANAKANAHALLI TALUK
KANDIKERE HOBLI BELLARA POST BADEKE GUDLU
TUMKUR KARNATAKA - 572 218

28. SMT USHA S
W/O MOHAN B
AGE ABOUT 41 YEARS
R/AT NO.222 CHAMUNDESHWARI NAGARA
BELAVADI MYSORE
KARNATAKA - 570 018

29. SRI VARADARAJU SIDDARAJU
S/O SIDDARAJU
AGE ABOUT 34 YEARS
R/A NO.71/B SHANTHIPURA HUSKUR GATE
ANEKAL TALUK NEAR DODDAMMA TEMPLE
HUSKUR BANGALORE - 560 099

30. SRI BALAJI GOVINDAN
S/O V GOVINDAN
AGE ABOUT 34 YEARS
R/A NO 3/65 PUTHUKOVIL BEDDAKALLUPALLI
THEKKAPATTU POST VENKATESHWARA
MARACHEKKU OIL MILL NATRAMPALLI TALUK
THEKKUPATTU TIRUPATTUR TAMIL NADU - 635 801

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31. SMT NIRMALA
W/O JAIPARKASH
AGE ABOUT 51 YEARS
R/A NO D 24
CGO HOSTEL CPWD QUARTERS
BEHIND PU COLLEGE
SHANTHINAGAR DOMLUR LAYOUT
BANGALORE - 560 071

32. SRI V TIRUMALA NAIDU
S/O DORESWAMI NAIDU
AGE ABOUT 45 YEARS
R/A KAMMAVARIURU N R PURAM
SRIRANGARAJAPURAM CHITOOR
ANDHARA PRADESH - 571 421

33. SRI VENKATRAM CHOWDARY BOTTA
S/O BOTTA SUBBARAM CHOWDARY,
AGED ABOUT 50 YEARS,

34.
SMT.BUSSAREDDY PRAJITHA
W/O.VENKATRAM CHOWDARY BOTTA,
AGED ABOUT 46 YEARS

RESPONDENTS NO.33 AND 34 ARE RESIDING AT
FLAT NO.309, ANANTHNAGAR,
ELECTRONIC CITY PHASE-2
BANGALORE - 560 100

35. SMT. ALAVELU
W/O. C.VENKATESH,
AGED ABOUT 51 YEARS
RESIDING AT NO.316, 24TH A CROSS, 30TH MAIN,
HSR LAYOUT, 2ND SECTOR, BANGALORE - 560 102

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36. SRI.PALANI
S/O RAJA
AGED ABOUT 32 YEARS
RESIDING AT NO.880, 6TH THERU PUDU KALANI,
VEEAPPERUMANALLUR POST, CUDDULORE,
TAMIL NADU - 607 101

37. SRI. SATHISH K.S.
S/O NANJAPPA K.S.
AGED ABOUT 42 YEARS

38. SMT. SUMALATHA
W/O SATHISH K.S.
AGED ABOUT 33 YEARS

39. SRI.HARISH KUMAR.V
S/O K.VASUDEVAN NAIR,
AGED ABOUT 41 YEARS

40. SMT.JYOTHI.V
W/O HARISH KUMAR V.
AGED ABOUT 35 YEARS

DEFENDANTS NO.37 TO 40 ARE
RESIDING AT NO.102, AARNA ENCLAVE,
HEDDARI LAYOUT, SAMPIGE NAGAR CIRCLE,
E-CITY, KAMMASANDRA, BANGALORE - 560 100

41.
SRI.KISHORE.B
S/O BAKTAVACHALAM G.
AGED ABOUT 36 YEARS
RESIDING AT OPP VINAYAGAR TEMPLE,
NO.24/3 MBT ROAD, SHIVANANDA NAGAR,
THIRUVALAM, VELLORE, TAMIL NADU - 632 515

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42. SRI. KANAKARAJ A.
S/O ASHOKAN C.
AGED ABOUT 40 YEARS
RESIDING AT NO.8, 'A' MAIN ROAD,
2ND STREET, PHASE 2, THE LAKE VIEW ADDRESS,
GOLLAHALLI MAIN ROAD, VEERSANDRA,
ELECTRONIC CITY PHASE 1,
BANGALORE - 560 100

…RESPONDENTS

(BY SRI. VENKATACHALAPATHI S.K., ADVOCATE FOR R1 & R2;
SRI. K.V. LOKESH, ADVOCATE FOR R24
VIDE ORDER DATED 15.04.2026, NOTICE TO R1 TO R24,
R27 TO R32, R35 TO R38, R41 & R42 IS DISPENSED WITH)

THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC,
AGAINST THE ORDER DT.29.10.2025 PASSED ON IA NO.3 IN
O.S.NO.49/2024 ON THE FILE OF THE PRL. SENIOR CIVIL
JUDGE AND JMFC AT ANEKAL DISMISSING THE IA NO.3 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)
th
c/w Writ Appeal No.200260 of 2025 (GM-RES) dated 8
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:



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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) List this matter before the District Court on
01.12.2026.

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vi) As an interim order is granted by this Court,
the same shall continue till disposal of the
application before the District Court. No
opinion is expressed by this Court.


Sd/-
(PRADEEP SINGH YERUR)
JUDGE

RCK
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