SHRI M V NAGARAJU vs SMT RATHNAMMA

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HC-KAR
NC: 2026:KHC:58154
MFA No. 6699 of 2022
C/W MFA No. 8219 of 2022


CNR: KAHC010446012022








IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 13 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

MISCELLANEOUS FIRST APPEAL NO. 6699 OF 2022 (CPC)

C/W

MISCELLANEOUS FIRST APPEAL NO. 8219 OF 2022 (CPC)



IN MFA No. 6699/2022

BETWEEN:
1. SMT. RATHNAMMA
W/O K RAJANNA
D/O LT VENKTARAYAPPA
AGED 55 YEARS
R/T YENNAGURU VILLAGE
JANGAMAKOTE HOBLI
SIDLAGHATTA
CHIKKABALLAPURA DISTRICT 562105
…APPELLANT






Digitally
signed by
VINUTHA M
Location:
HIGH
COURT OF
KARNATAKA
(BY SRI. CHOKKAREDDY.,ADVOCATE)
AND:
1. SMT. KAMALAMMA
W/O NARAYANAPPA
AGED 75 YEARS
PURA VILLGE
VIJAYAPURA HOBLI
DEVANAHALLLI TALUK
BANGALORE 562135

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HC-KAR
NC: 2026:KHC:58154
MFA No. 6699 of 2022
C/W MFA No. 8219 of 2022


CNR: KAHC010446012022



2. SRI M V NAGARAJU
S/O LATE VENKATARAYAPPA
AGED 60 YEARS

3. SMT ANUSUYAMMA
W/O M V NAGARAJA
AGED 50 YEARS

4. SRI N R MANOOJ KUMAR
S/O M V NAGARAJ
AGED 32 YEARS

5. SRI NARAYANA REDDY
S/O LT VENKTARAYAPPA
AGED 48 YEARS
RESPONDENT NO.2 TO 5
R/AT MUTHURU VILLAGE
JANGAMAKOTE HOBLI
SIDLAGHATTA TALUK
CHIKKABALLAPURA DIST 562105

…RESPONDENTS
(BY SRI.T.K.RAJAGOPALA., ADVOCATE FOR R5)
(BY SRI.V.B.SHIVAKUMAR FOR R2 TO R4)
R1 IS SERVED AND UNREPRESENTED
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED 17.08.2022 PASSED ON I.A.
NO.1 IN O.S.NO.192/2021 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND JMFC, SHIDLAGHATTA, PARTLY ALLOWING
I.A. NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH
SECTION 151 OF CPC.

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HC-KAR
NC: 2026:KHC:58154
MFA No. 6699 of 2022
C/W MFA No. 8219 of 2022


CNR: KAHC010446012022



IN MFA NO. 8219/2022
BETWEEN:
1. SHRI M V NAGARAJU
S/O LATE VENKATARAYAPPA
AGED ABOUT 61 YEARS,
R/A MUTHUR VILLAGE
JANGAMAKOTE HOBLI
SIDLAGHATTA TALUK
CHIKKABALLAPURA DISTRICT 562101
...APPELLANT
(BY SRI. V B SHIVA KUMAR.,ADVOCATE)
AND:
1.
SMT RATHNAMMA
W/O K RAJANNA,
D/O LATE VENKATARAYAPPA
AGED ABOUT 56 YEARS,
R/AT YENNANGURU VILLAGE,
JANGAMAKOTE HOBLI,
SIDLAGHATTA TALUK,
CHIKKABALLAPURA DISTRICT 562102
2.
SMT KAMALAMMA
W/O NARAYANAPPA,
D/O LATE VENKATARAYAPPA,
AGED ABOUT 76 YEARS,
R/A PURA VILLAGE VIJAYAPURA HOBLI,
DEVANAHALLI TALUK,
CHIKKABALLAPURA DISTRICT 562135
3. SHRI NARAYANAREDDY
S/O LATE VENKATARAYAPPA
AGED ABOUT 49 YEARS,
R/A MUTHUR VILLAGE,

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HC-KAR
NC: 2026:KHC:58154
MFA No. 6699 of 2022
C/W MFA No. 8219 of 2022


CNR: KAHC010446012022



JANGAMAKOTE HOBLI,
SIDLAGHATTA TALUK,
CHIKKABALLAPURA DISTRICT 562102
4. SMT ANASUYAMMA
W/O M V NAGARAJ
AGED ABOUT 51 YEARS,
R/A MUTHUR VILLAGE JANGAMAKOTE HOBLI
SIDLAGHATTA TALUK
CHIKKABALLAPURA DISTRICT 562102
5. SHRI N R MANOJ KUMAR
S/O M V NAGARAJ
AGED ABOUT 33 YEARS,
R/A MUTHUR VILLAGE,
JANGAMAKOTE HOBL,
SIDLAGHATTA TALUK
CHIKKABALLAPURA DISTRICT 562102
...RESPONDENTS
(BY SRI.T.K.RAJAGOPALA FOR R2.,)
(BY SRI.CHOKKA REDDY FOR R1)
(BY R3, R4 AND R5 ARE SERVED AND UNREPRESENTED)
THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION
151 OF CPC, AGAINST THE ORDER DATED 17.08.2022
PASSED ON I.A.NO. 1 IN OS.NO. 192/2021 ON THE FILE
OF THE SENIOR CIVIL JUDGE AND JMFC, SIDLAGHATTA,
ALLOWING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1
AND 2 R/W SECTION 151 OF CPC.
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

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HC-KAR
NC: 2026:KHC:58154
MFA No. 6699 of 2022
C/W MFA No. 8219 of 2022


CNR: KAHC010446012022




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.

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:

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HC-KAR
NC: 2026:KHC:58154
MFA No. 6699 of 2022
C/W MFA No. 8219 of 2022


CNR: KAHC010446012022



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
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.

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HC-KAR
NC: 2026:KHC:58154
MFA No. 6699 of 2022
C/W MFA No. 8219 of 2022


CNR: KAHC010446012022




v) Learned counsel for appellants and learned
counsel for the respondents are present.
Hence, the parties shall appear before the
learned District Judge on 20.11.2026 without

awaiting further notice.

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
List No.: 1 Sl No.: 27