DIVYA BAI, vs RAMESH SINGH,
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:61491
MFA No. 36 of 2026
C/W MFA No. 35 of 2026
CNR: KAHC010002472026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 5 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
MISCELLANEOUS FIRST APPEAL NO. 36 OF 2026 (CPC)
C/W
MISCELLANEOUS FIRST APPEAL NO. 35 OF 2026 (CPC)
IN MFA No. 36/2026
BETWEEN:
DIVYA BAI
D/O RAMESH SINGH,
AGED ABOUT 26 YEARS,
R/A DANDUPALYA, KASABA HOBLI,
HOSAKOTE TALUK,
BENGALURU RURAL DISTRICT
PIN CODE - 562 114.
…APPELLANT
(BY SRI. RAHUL S. REDDY.,ADVOCATE)
AND:
1. RAMESH SINGH
AGED ABOUT 55 YEARS
S/O LATE BALAJI SINGH,
2. SARASWATHI
AGED ABOUT 48 YEARS
W/O RAMESH SINGH
3. NITN SINGH
AGED ABOUT 29 YEARS
RAMESH SINGH
4. NARAYAN SINGH
AGED ABOUT 57 YEARS
Digitally
signed by
VINUTHA M
Location:
HIGH
COURT OF
KARNATAKA
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HC-KAR
NC: 2026:KHC:61491
MFA No. 36 of 2026
C/W MFA No. 35 of 2026
CNR: KAHC010002472026
S/O LATE BALAJI SINGH
5. ANASUYA BAI
AGED ABOUT 50 YEARS
W/O NARAYAN SINGH
6. SURENDRA SINGH
AGED ABOUT 53 YEARS
S/O LATE BALAJI SINGH
7. ANITHA BAI
AGED ABOUT 44 YEARS
W/O SURENDRA SINGH
8. SHANTHA BAI
AGED ABOUT 50 YEARS
D/O LATE BALAJI SINGH
W/O KRISHNA SINGH
RESPONDENTS NO.1 TO 8 ARE
RESIDING OF DANDUPALYA VILLAGE
KASABA HOBLI, HOSAKOTE TALUK,
BENGALURU RURUL DISTRICT - 562 114.
9. C JAIRAJ
AGED ABOUT 53 YEARS
S/O CHINNANNA,
10. C LAKSHMI
AGED ABOUT 52 YEARS
W/O C JAIRAJ
RESPONDENTS NO.9 AND 10 ARE RESIDING AT
131, 6TH CROSS,
THAMMEGOWDA LAYOUT,
HOSKOTE TALUK,
BENGALURU RURAL DISTRICT - 562 114
11. TRIBUVANDAS @ TRIBUVANBHAI
AGED ABOUT 66 YEARS
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HC-KAR
NC: 2026:KHC:61491
MFA No. 36 of 2026
C/W MFA No. 35 of 2026
CNR: KAHC010002472026
S/O DESIBHAI PATEL
R/AT AZAD FARM, KIDOTAR POST,
AMIRGADH TQ, BANASKANTHA DIST,
GUJARAT - 385 130.
AND ALSO AT 307, MOTHERLAND APARTMENT NEAR
CMR NATIONAL PUBLIC SCHOOL,
BEHIND JALAVAYU VIHAR, KALYAN NAGAR,
BENGALURU - 560 043.
12. GEETHABEN GOUTAM KUMAR PATEL,
AGED ABOUT 42 YEARS
D/O TRIBUVANDAS @ TRIBUVANBHAI.
W/O GAUTAM KUMAR MOHAN BHAI PATEL
R/AT 801, BALLAD, KESAR HARMONY,
PLOT 11-12, SECTOR-6, KHARGHAR,
NAVI MUMBAI - 410 210
AND ALSO AT NO.162, 8TH STREET,
BANK AVNUE, BABUSAPALYA, BANSWADI,
BENGALURU - 560 043.
…RESPONDENTS
(BY SRI. A.G. NAGARAJA, ADVOCATE FOR R9 AND R10
SRI. ANOOP HARANAHALLI, ADVOCATE FOR C/R12
VIDE ORDER DATED 08.01.2026, NOTICE TO R1 TO R8 IS
DISPENSED)
THIS MFA IS FILED U/O XLIII RULE 1(r) OF THE CPC,
AGAINST THE ORDER DT.5.12.2025 PASSED ON I.A.NO.2 IN
O.S.NO. 1056/2022 (OLD NO. 822/2020) ON THE FILE OF
THE SENIOR CIVIL JUDGE AND JMFC, HOSAKOTE, REJECTING
THE IA NO.2 FILED U/O.39 RULE 1 AND 2 OF CPC.
IN MFA NO. 35/2026
BETWEEN:
DIVYA BAI,
D/O RAMESH SINGH,
AGED ABOUT 26 YEARS,
R/AT DANDUPALYA, KASABA HOBLI
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HC-KAR
NC: 2026:KHC:61491
MFA No. 36 of 2026
C/W MFA No. 35 of 2026
CNR: KAHC010002472026
HOSAKOTE TALUK, BENGALURU RURAL DISTRICT
PIN CODE - 562 114
...APPELLANT
(BY SRI. RAHUL S. REDDY, ADVOCATE)
AND:
1. RAMESH SINGH,
AGED ABOUT 55 YEARS
S/O LATE BALAJI SINGH
RESIDING OF DANDUPALYA VILLAGE
KASABA HONLI, HOSAKOTE TALUK,
BENGALURU RURAL DISTRICT- 562 114
2. SARASWATHI,
AGED ABOUT 48 YEARS
W/O RAMESH SINGH
3. NITIN SINGH,
RAMESH SINGH
AGED ABOUT 29 YEARS
4. NARAYAN SINGH,
AGED ABOUT 57 YEARS
S/O LATE BALAJI SINGH
5. ANASUYA BAI,
AGED ABOUT 50 YEARS
W/O NARAYAN SINGH
6. SURENDRA SINGH,
AGED ABOUT 53 YEARS
S/O LATE BALAJI SINGH
7. ANITHA BAI,
AGED ABOUT 44 YEARS
W/O SURENDRA SINGH
8. SHANTHA BAI,
AGED ABOUT 50 YEARS
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HC-KAR
NC: 2026:KHC:61491
MFA No. 36 of 2026
C/W MFA No. 35 of 2026
CNR: KAHC010002472026
D/O LATE BALAJI SINGH
W/O KRISHNA SINGH
RESPONDENTS NO.1 TO 8 ARE
RESIDING OF DANDUPALYA VILLAGE
KASABA HONLI, HOSAKOTE TALUK,
BENGALURU RURUL DISTRICT - 562 114
9. C. JAIRAJ,
AGED ABOUT 53 YEARS
S/O CHINNANNA
10. C. LAKSHMI,
AGED ABOUT 52 YEARS
W/O C. JAIRAJ
RESPONDENTS NO.9 AND 10 ARE
RESIDING AT NO. 131, 6TH CROSS,
THAMMEGOWDA LAYOUT, HOSKOTE TALUK,
BENGALURU RURAL DISTRICT - 562 114
11. TRIBUVANDAS @ TRIBUVANBHAI
AGED ABOUT 66 YEARS
S/O DESIBHAI PATEL
R/AT AZAD FARM, KIDOTAR POST, AMIRGADH TQ,
BANASKANTHA DIST, GUJARAT - 385 130
AND ALSO AT NO. 307, MOTHERLAND APARTMENT
NEAR CMR NATIONAL PUBLIC SCHOOL
BEHIND JALAVAYU VIHAR, KALYAN NAGAR,
BENGALURU - 560 043
12. GEETHABEN GOUTAM KUMAR PATEL,
AGED ABOUT 42 YEARS
D/O TRIBUVANDAS @ TRIBUVANBHAI.
W/O GAUTAM KUMAR MOHAN BHAI PATEL
R/AT 801, BALLAD, KESAR HARMONY,
PLOT 11-12, SECTOR-6, KHARGHAR,
NAVI MUMBAI - 410 210
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HC-KAR
NC: 2026:KHC:61491
MFA No. 36 of 2026
C/W MFA No. 35 of 2026
CNR: KAHC010002472026
AND ALSO AT NO. 162, 8TH STREET,
BANK AVNUE, BABUSAPALYA,
BANSWADI, BENGALURU - 560 043.
...RESPONDENTS
(BY SRI. A.G. NAGARAJA, ADVOCATE FOR R9 AND R10;
SRI. ANOOP HARANAHALLI, ADVOCATE FOR C/R12;
VIDE ORDER DATED 08.01.2026, NOTICE TO R1 TO R8
IS DISPENSED)
THIS MFA IS FILED U/O XLIII RULE 1(r) OF THE CPC,
AGAINST THE ORDER DT. 5.12.2025 PASSED ON I.A.NO.1
IN O.S.NO. 1056/2022 (OLD NO. 822/2020) ON THE FILE
OF THE SENIOR CIVIL JUDGE AND JMFC, HOSAKOTE,
REJECTING THE IA NO.1 FILED U/O. 39 RULE 1 AND 2 OF
CPC.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
ORAL JUDGMENT
These appeals 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-
th
RES) dated 8 July, 2026, which is affirmed by the Hon'ble
Supreme Court in SLP(c) No.025075/2026 dated 3.8.2026.
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HC-KAR
NC: 2026:KHC:61491
MFA No. 36 of 2026
C/W MFA No. 35 of 2026
CNR: KAHC010002472026
2. In view of the above, this Court deems it
appropriate to transfer these matters to the concerned
District Court for adjudication of the matters from the
stage where it is stopped.
3. Accordingly, I pass the following:
O R D E R
i) These appeals stand disposed of for statistical
purposes;
ii) Registry is directed to transfer the entire
record of these cases, 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;
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HC-KAR
NC: 2026:KHC:61491
MFA No. 36 of 2026
C/W MFA No. 35 of 2026
CNR: KAHC010002472026
iv) It is made clear that this Court has not made
any observation as to the merits of these cases
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 04.12.2026 without awaiting
any further notice.
Sd/-
(PRADEEP SINGH YERUR)
JUDGE
CPN
List No.: 1 Sl No.: 9