SMT NAGARATHNA MURTHY vs SRI ANJINAPPA

Court
Karnataka High Court

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MFA No. 9255 of 2025


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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 16 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

MISCELLANEOUS FIRST APPEAL NO. 9255 OF 2025 (CPC)

BETWEEN:

1. SMT NAGARATHNA MURTHY
W/O. A. N. RAMESHMURTHY,
D/O LATE D.S. HANUMANTH RAO,
AGED ABOUT 61 YEARS,
R/AT. NO-29, 3RD CROSS,
JUDICIAL OFFICERS LAYOUT,
R.M.V. 2ND STAGE,
BANGALORE - 560 094.
REP BY GPA HOLDER
MADAPPA
S/O LATE MUNISHAMI
R/AT SHETTERHALLI VILLAGE,
AGE 60 YEARS,
KASABA HOBLI, DEVANAHALLI TALUK,
VISHWANATHARA POST,
BANGALORE RURAL DISTRICT - 562 110.
…APPELLANT
(BY SRI. BASAVARAJ R. BANNUR, ADVOCATE)

AND:




1.












Digitally

signed by
VINUTHA M
Location:
HIGH
COURT OF
KARNATAKA
SRI ANJINAPPA S/O LATE OBALAPPA,
SINCE DIED BY HIS LRS,

SRI. NAGARAJU,
S/O. LATE ANJINAPPA,
AGED ABOUT 58 YEARS.

2. SRI JAYARAM
S/O. LATE ANJINAPPA,
AGED ABOUT 56 YEARS.

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3. SRI RAVI
S/O. LATE ANJINAPPA,
AGED ABOUT 50 YEARS.

4. SRI RAMANJINAPPA
S/O. LATE ANJINAPPA,
AGED ABOUT 44 YEARS.

ALL ARE RESIDING AT
SHETTERHALLI VILLAGE
KASABA HOBLI,
VISHWANATHAPUR POST,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT.





5.
SRI NARASIMHAIAH
S/O. LATE OBALAPPA,
SINCE DIED BY HIS LR'S.

SRI . SHIVANNA
S/O. LATE, NARASIMHAIAH,
AGED ABOUT 33 YEARS.

6. SRI DEVRAJA
S/O. LATE NARASIMHAIAH,
AGED ABOUT 30 YEARS.

THE LRS OF NARASIMAHAIAH
R/AT SHETTERHALLI VILLAGE,
KASABA HOBLI, DEVANAHALLI TALUK.

7. SRI BYRAPPA S/O NANJAPPA,
SINCE DIED BY HIS LRS,
SRI. ANJINAPPA @ APPAYANNA,
S/O. LATE. BYRAPPA,
AGED ABOUT YEARS.

8. SRI NARAYANA
S/O. LATE. BYRAPPA,
AGED ABOUT YEARS.

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BOTH ARE RESIDING AT
BOMMAVARA VILLAGE KASABA HOBLI
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT.

9. SRI CHANDRA SHEKAR
S/O LATE CHICKKANNA,
AGED ABOUT 30 YEARS.

10. SRI SHEKAR
S/O LATE CHICKKANNA,
AGED ABOUT 25 YEARS.

11. SRI CHETHAN
S/O LATE CHICKKANNA,
AGED ABOUT 22 YEARS.

THE RESPONDENTS
NO.9 TO 11 ARE
R/AT SHETTERHALLI VILLAGE,
KASABA HOBLI, VISHWANATHAPUR POST,
DEVANAHALLI TALUK.

12. SRI. KRISHNAPPA,
S/O LATE SIDDARAMANNA,
AGED ABOUT 59 YEARS,
R/AT CHICKKA OBDENAHALLI VILLAGE,
ALURUDUDDANAHALLI POST,
KUNDANA HOBLI,
DEVANAHALLI TALUK.

13. SRI SHANKAR
S/O KRISHNAPPA,
AGED ABOUT 35 YEARS
R/AT SHETTERHALLI VILLAGE,
KASABA HOBLI,
DEVANAHALLI TALUK.

14. SMT. BILQUIS SALEEM,
W/O MOHAMED ABDUL SALEEM,

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AGED ABOUT 64 YEARS,
R/AT SHETTERHALLI VILLAGE,
KASABA HOBLI, VISHWANATHAPUR POST
DEVANAHALLI TALUK.

SRI. MOHAMED ABDUL SALEEM,
S/O MOHAMAD ABDUL WAHAB,
SINCE DIED BY HIS LR'S.

15. SRI. MOHAMED KHAISAR SUBHAN
S/O. LATE. MOHAMED ABDUL SALEEM,
REP BY GPA HOLDER, HIS MOTHER
SMT. BILQUIS SALEEM
W/O LATE MOHAMAD ABDUL SALEEM,
AGED ABOUT 71 YEARS,
R/AT SHETTERHALLI VILLAGE,
KASABA HOBLI, VISHWANATHAPURA POST,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT.

16. SRI. MOHAMED UMAR FAROOQ
S/O. LATE. MOHAMED ABDUL SALLEM,
REP BY GPA HOLDER, HIS MOTHER
SMT. BILQUIS SALEEM
W/O LATE MOHAMAD ABDUL SALEEM,
AGED ABOUT 71 YEARS,
R/AT SHETTERHALLI VILLAGE,
KASABA HOBLI, VISHWANATHAPURA POST,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT.

17. SMT. TAYYABA NUSRA,
D/O. LATE. MOHAMED ABDUL SALLEM,
AGED ABOUT 42 YEARS,
R/AT SHETTERHALLI VILLAGE,
KASABA HOBLI, VISHWANATHAPURA POST,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT.

18. SMT. VARALAXMAMMA,

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W/O LATE CHICKKANNA,
AGED ABOUT 52 YEARS,
R/AT SHETTERHALLI VILLAGE,
KASABA HOBLI, VISHWANATHAPUR POST,
DEVANAHALLI TALUK.

19. SMT. CHICKKAMMA,
W/O LATE DODDA BEERANNA,
AGED ABOUT 72 YEARS,
R/AT OPP. TO BIAPPA OFFICE,
BEERESHWARA TRADERS,
DEVANAHALLI TOWN, SULIBELE ROAD,
DEVANHALLI TALUK,
BANGLORE RURAL DISTRICT.

20. SMT. MUNIYAMMA,
W/O NARAYANAPPA
AGED ABOUT 70 YEARS,
R/AT S.M. GOLLAHALLI VILLAGE,
ARALUMALLIGE POST,
DODDABALLAPUR TALUK,
BANGALORE RURAL DISTRICT.

21. SMT. LAKSHMAMMA,
W/O LATE PATALAPPA,
AGED ABOUT 68 YEARS,
R/AT KASAVANAHALLI VILLAGE,
EERAPURA POST, DODDABALLAPUR TALUK,
BANGALORE RURAL DISTRICT.

22. SMT. LINGAMMA,
D/O LATE SIDDARAMANNA,
AGED ABOUT 57 YEARS,
R/AT ARALUMALLIGE VILLAGE AND POST,
DODDABALLAPUR TALUK,
BANGALORE RURAL DISTRICT.

23. SRI. CHICKKANNA,
S/O LATE LAKSHMAIAH
AGED ABOUT 52 YEARS,

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R/AT NEAR RAGHAVENDRA
BEKERY, SINGAPURA,
HESARGHATTA HOBLI,
YALAHANKA TALUK.

24. SRI. KRISHNAPPA,
S/O LATE LAKSHMAIAH,
AGED ABOUT 48 YEARS,
R/AT TIPPURU VILLAGE AND POST,
DODDABALLAPURA TALUK,
DODDABELAWNGALA HOBLI,
BANGALORE RURAL DISTRICT.

25. SRI. ASHWATH,
S/O LATE LAKSHMAIAH,
AGED ABOUT 46 YEARS,
R/AT SHETTERHALLI
VILLAGE, KASABA HOBLI,
VISHWANATHAPURA POST,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT.

26. SMT. BHAGYAMMA,
D/O LATE ANJINAMMA,
AGED ABOUT 44 YEARS,
R/AT NEAR RAILWAY STATION,
CHICKKABALLAPUR TOWN,
MELINA THOTAGALU,
CHICKKABALLAPUR TOWN,
CHICKKABALLAPURA
TALUK AND DISTRICT.

27. M/S AVS INFRA,
A PARTNERSHIP FIRM HAVING ITS REGISTERED
OFFICE AT PREMISES BEARING
KHATHA NO. 595/595/VS.69,
CHANDRA MOULEESHWARA LAYOUT,
GANGADHARAPURA, WARD NO.1,
DODDABALLAPURA TOWN,
BANGALORE RURAL DISTRICT,

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MFA No. 9255 of 2025


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REP. BY ITS PARTNERS.

28. SRI. K.V. SATYA PRAKASH,
S/O K.V. MUDALAIAH,
AGED ABOUT 54 YEARS,
R/AT NO.118/6, 16TH CROSS, 1ST BLOCK,
RAJAJI NAGAR, NEAR ANANYA HOSPITAL,
BANGALORE - 560 010

29. SMT. VEENA SHARATHCHANDRA,
W/O S.N. SHARATH CHANDRA,
AGED ABOUT 61 YEARS,
R/AT NO.T-002, KRISHNA
GREENS APARTMENTS,
KRISHNA TEMPLE ROAD,
DODDA BOMMASANDRA,
VIDYARANYAPURA,
BANGALORE - 560 097.

30. SRI. VENKATARAMANAPPA,
S/O LATE MUNIVENKATAPPA,
AGED ABOUT 63 YEARS,
R/AT B.V. NILAYA, S.R. LAYOUT,
PRASHANATH NAGAR, DEVANAHALLI TOWN.
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT.
…RESPONDENTS
(BY SRI. ASHOKA N., ADVOCATE FOR R18
R2,R7,R8,R22,R25 & R30 ARE SERVED AND
UNREPRESENTED)

THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) OF
CPC, AGAINST THE ORDER DATED 04.12.2025 PASSED ON
IA.NO.15 IN O.S.NO.155/2018 BY I ADDITIONAL SENIOR CIVIL
JUDGE AND JMFC, DEVANAHALLI AND ETC.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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MFA No. 9255 of 2025


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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)
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:
O R D E R

i) The appeal stands disposed of for statistical
purposes;

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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
District Judge on 24.11.2026 without awaiting
any further notice;

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vi) Interim order granted in the present appeal
shall continue until further orders by the
learned District Judge.


Sd/-
(PRADEEP SINGH YERUR)
JUDGE


CPN
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