SRI HANUMAIAH vs SMT LAKSHMAMMA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:60912
MFA No. 7320 of 2022
C/W MFA No. 7304 of 2022
CNR: KAHC010492342022
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. 7320 OF 2022 (CPC)
C/W
MISCELLANEOUS FIRST APPEAL NO. 7304 OF 2022 (CPC)
IN MFA No. 7320/2022
BETWEEN:
1. SRI HANUMAIAH
AGED ABOUT 53 YEARS
2.
SRI BYRAPPA
AGED ABOUT 51 YEARS,
3. NAGARAJ
AGED ABOUT 50 YEARS,
4. SMT PARVATHAMMA
AGED ABOUT 46 YEARS,
5. SRI MUNIYAPPA
AGED ABOUT 43 YEARS,
6. SRI THIMME GOWDA
AGED ABOUT 41 YEARS,
7. CHIKKANNA
AGED ABOUT 40 YEARS,
Digitally
signed by
VINUTHA M
Location:
HIGH
COURT OF
KARNATAKA
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HC-KAR
NC: 2026:KHC:60912
MFA No. 7320 of 2022
C/W MFA No. 7304 of 2022
CNR: KAHC010492342022
8. SRI CHELUVARAJU
AGED ABOUT 38 YEARS,
APPELLANTS NO.1 TO 8 ALL ARE
R/AT HEMMIGEPURA
CHOODENAHALLI POST
KENGERI HOBLI - 560 060
BENGALURU SOUTH TALUK
9. SMT HANUMAKKA
AGED ABOUT 37 YEARS,
APPELLANTS NO.1 TO 9 ARE
CHILDREN OF LATE GALAPPA
RESIDING AT AGARA VILLAGE
TATAGUNI POST KENGERI HOBLI - 560 060
BENGALURU SOUTH TALUK
10. SRI KRISHNAMURTHY
AGED ABOUT 28 YEARS
S/O GALAPPA
R/AT HEMMIGEPURA
CHOODENAHALLI POST
KENGERI HOBLI - 560 060
BENGALURU SOUTH TALUK
…APPELLANTS
(BY SRI. GOPALA H.M., ADVOCATE)
AND:
1. SMT LAKSHMAMMA
W/O LATE BYLAPPA
AGED ABOUT 56 YEARS,
2. SRI SHREERAMA
S/O LATE BYLAPPA
AGED ABOUT 38 YEARS,
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HC-KAR
NC: 2026:KHC:60912
MFA No. 7320 of 2022
C/W MFA No. 7304 of 2022
CNR: KAHC010492342022
3. SRI LINGAPPA
S/O LATE RANGAPPA
AGED ABOUT 61 YEARS,
4. SRI NAGARAJU
S/O LATE RANGAPPA
AGED ABOUT 55 YEARS,
5. HANUMAIAH
S/O LATE RANGAPPA
AGED ABOUT 56 YEARS,
6. SMT RANGABYLAMMA
D/O LATE RANGAPPA
AGED ABOUT 64 YEARS,
RESPONDENTS NO.1 TO 6 ARE
RESIDING AT GANAKALLU VILLAGE
TAVAREKERE HOBLI
BENGALURU SOUTH TALUK
7. SMT HANUMAKKA
S/O LATE RANGAPPA
AGED ABOUT 45 YEARS,
R/AT ARASINAKUNTE VILLAGE
DASANAPURA HOBLI
NELAMANGALA TALUK
8. SMT MANJAMMA @ MANJULA
D/O LATE RANGAPPA
W/O LATE SIDDARAJU
AGED ABOUT 42 YEARS,
R/AT HEMMIGEPURA VILLAGE, CHOODENAHALLI
POST KENGERI HOBLI - 560 060
BENGALURU SOUTH TALUK
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HC-KAR
NC: 2026:KHC:60912
MFA No. 7320 of 2022
C/W MFA No. 7304 of 2022
CNR: KAHC010492342022
9. SMT YESHODA
W/O LATE HANUMAIAH
AGED ABOUT 43 YEARS,
10. SMT BHAGYA
W/O LATE SREERAMA
AGED ABOUT 43 YEARS,
DEFENDANTS NO.1 TO 5 AND 8 TO 10 ARE
R/AT HEMMIGEPURA CHOODENAHALLI POST
KENGERI HOBLI - 560 060
BENGALURU SOUTH TALUK
11. SRI P CHANDRA
S/O PUTTASWAMAIAH
AGED ABOUT 52 YEARS
R/AT NO.42 BABU SHEBARAPALYA
KENGERI HOBLI
BENGALURU SOUTH TALUK
12.
SRI MALLIKARJUNA
S/O GANGANNA
AGED ABOUT 58 YEARS
R/AT NO.4TH A MAIN ROAD
GOVINDARAJANAGARA
BENGALURU -560 040
…RESPONDENTS
THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151
OF CPC, AGAINST THE ORDER DATED 05.08.2022 PASSED ON
I.A.NO.1 IN OS.NO.1485/2021 ON THE FILE OF THE IV
ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL
DISTRICT, BENGALURU, REJECTING THE I.A.NO.1 FILED
UNDER ORDER 39 RULE 1 AND 2 OF CPC.
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HC-KAR
NC: 2026:KHC:60912
MFA No. 7320 of 2022
C/W MFA No. 7304 of 2022
CNR: KAHC010492342022
IN MFA NO. 7304/2022
BETWEEN:
1. SRI HANUMAIAH
AGED ABOUT 53 YEARS,
2.
SRI BYRAPPA
AGED ABOUT 51 YEARS,
3. NAGARAJ
AGED ABOUT 50 YEARS,
4. PARVATHAMMA
AGED ABOUT 46 YEARS,
5.
SRI MUNIYAPPA
AGED ABOUT 43 YEARS,
6. SRI THIMME GOWDA
AGED ABOUT 41 YEARS,
7. CHIKKANNA
AGED ABOUT 40 YEARS,
8. CHELUVARAJU
AGED ABOUT 38 YEARS,
APPELLANTS NO.1 TO 8 ALL ARE
R/AT HEMMIGEPURA CHOODENAHALLI POST
KENGERI HOBLI - 560 060
BENGALURU SOUTH TALUK
9. SMT HANUMAKKA
AGED ABOUT 37 YEARS,
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HC-KAR
NC: 2026:KHC:60912
MFA No. 7320 of 2022
C/W MFA No. 7304 of 2022
CNR: KAHC010492342022
APPELLANTS 1 TO9 ARE CHILDREN OF LATE GALAPPA
RESIDING AT AGARA VILLAGE TATAGUNI POST
KENGERI HOBLI - 560 060
BENGALURU SOUTH TALUK
10. SRI KRISHNAMURTHY
AGED ABOUT 28 YEARS,
S/O GALAPPA
R/AT HEMMIGEPURA
CHOODENAHALLI POST
KENGERI HOBLI - 560 060
BENGALURU SOUTH TALUK
...APPELLANTS
(BY SRI. GOPALA H.M., ADVOCATE)
AND:
1. SMT LAKSHMAMMA
W/O LATE BYLAPPA
AGED ABOUT 56 YEARS,
2. SRI SHREERAMA
S/O LATE BYLAPPA
AGED ABOUT 38 YEARS,
3. SRI LINGAPPA
S/O LATE RANGAPPA
AGED ABOUT 61 YEARS,
4. SRI NAGARAJU
S/O LATE RANGAPPA
AGED ABOUT 55 YEARS,
5. HANUMAIAH
S/O LATE RANGAPPA
AGED ABOUT 56 YEARS,
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HC-KAR
NC: 2026:KHC:60912
MFA No. 7320 of 2022
C/W MFA No. 7304 of 2022
CNR: KAHC010492342022
6. SMT RANGABYLAMMA
D/O LATE RANGAPPA
AGED ABOUT 64 YEARS,
RESPONDENTS NO.1 TO 6 ARE RESIDING AT
GANAKALLU VILLAGE TAVAREKERE HOBLI
BENGALURU SOUTH TALUK
7. SMT HANUMAKKA
S/O LATE RANGAPPA
AGED ABOUT 45 YEARS,
R/AT ARASINAKUNTE VILLAGE
DASANAPURA HOBLI
NELAMANGALA TALUK
8. SMT MANJAMMA @ MANJULA
D/O LATE RANGAPPA
W/O LATE SIDDARAJU
AGED ABOUT 42 YEARS,
9. SMT YESHODA
W/O LATE HANUMAIAH
AGED ABOUT 43 YEARS,
10. SMT BHAGYA
W/O LATE SREERAMA
AGED ABOUT 43 YEARS,
DEFENDANTS NO.1 TO 5 AND 8 TO 10 ARE
R/AT HEMMIGEPURA
CHOODENAHALLI POST
KENGERI HOBLI - 560 060
BENGALURU SOUTH TALUK
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HC-KAR
NC: 2026:KHC:60912
MFA No. 7320 of 2022
C/W MFA No. 7304 of 2022
CNR: KAHC010492342022
11. SRI P CHANDRA
S/O PUTTASWAMAIAH
AGED ABOUT 52 YEARS,
R/AT NO 42 BABU SAHEBARAPALYA
KENGERI HOBLI
BENGALURU SOUTH TALUK
12.
SRI MALLIKARJUNA
S/O GANGANNA
AGED ABOUT 58 YEARS,
R/AT NO.95/6 4TH A MAIN ROAD
GOVINDARAJANAGAR
BENGALURU - 560 040
...RESPONDENTS
THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151
OF CPC, AGAINST THE ORDER DATED 05.08.2022 PASSED
ON I.A.NO.2 IN OS.NO.1485/2021 ON THE FILE OF THE IV
ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL
DISTRICT, BENGALURU, REJECTING THE I.A.NO.2 FILED
UNDER ORDER 39 RULE 1 AND 2 OF CPC.
THESE APPEALS, COMING ON FOR ADMISSION, 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
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HC-KAR
NC: 2026:KHC:60912
MFA No. 7320 of 2022
C/W MFA No. 7304 of 2022
CNR: KAHC010492342022
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.
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) Appeals stands disposed of for statistical
purposes.
ii) Registry is directed to transfer the entire
record of the cases, to the concerned Principal
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HC-KAR
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MFA No. 7320 of 2022
C/W MFA No. 7304 of 2022
CNR: KAHC010492342022
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 cases
and all rights and contentions of the parties
are left open to be agitated before the
concerned Appellate Court.
v) List these matters before the District Court on
01.12.2026.
Sd/-
(PRADEEP SINGH YERUR)
JUDGE
RCK
List No.: 1 Sl No.: 36