SRI. THIMMARAYAPPA vs SRI. MUNIVENKATASWAMY

Court
Karnataka High Court

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MFA No. 8639 of 2023


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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 17 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

MISCELLANEOUS FIRST APPEAL NO. 8639 OF 2023 (CPC)

BETWEEN:







SRI. THIMMARAYAPPA
S/O LATE VASANTHAMMA,
AND LATE BERAKAPPA
SINCE DECEASED BY HIS LR'S.

1. SMT RADHAMMA,
W/O LATE KRISHNAPPA,
(SON OF LATE THIMMARAYAPPA),
AGED ABOUT 52 YEARS.

2. K THRIVENI
D/O LATE KRISHNAPPA,
AGED ABOUT 30 YEARS.

APPELLANT NO.1 AND 2 ARE
R/AT NO.461, 5TH CROSS,
NANDINI LAYOUT, BENGALURU NORTH,
BENGALURU, KARNATAKA – 560 096.

3. SRI. MUNIRAJU
S/O LATE THIMMARAYAPPA,
AGED ABOUT 54 YEARS,
R/AT NO.72/1, 2ND MAIN,
4TH CROSS, KANTEERAVA NAGARA,
NANDINI LAYOUT,
BENGALURU – 560 096.

4. SMT. PADMA
D/O LATE THIMMARAYAPPA,
W/O RAMAKRISHNAIAH,
AGED ABOUT 53 YEARS,










Digitally

signed by
VINUTHA M
Location:
HIGH
COURT OF
KARNATAKA

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R/AT NO.58, JAKKUR LAYOUT,
BENGALURU – 560 064.

5. SMT. SHANKARAMMA
D/O LATE THIMMARAYAPPA,
W/O PILLAPPA,
AGED ABOUT 48 YEARS,
R/AT NANDI VILLAGE AND HOBLI,
CHICKBALLAPUR TALUK – 562 101.

6. SRI. T. RAJU
S/O LATE THIMMARAYAPPA,
AGED ABOUT 40 YEARS,
R/AT NANDI VILLAGE AND HOBLI,
CHICKBALLAPUR TALUK – 562 101,
CHICKBALLAPURA DISTRICT.

7. SRI CHIKKADASAPPA
S/O LATE VASANTHAMMA AND
LATE BERAKAPPA,
AGED ABOUT 74 YEARS.

8. SMT. ASHWATHAMMA
W/O LATE MUNIYAPPA,
AGED ABOUT 56 YEARS.

THE APPELLANTS 7 AND 8 ARE
R/AT NANDI VILLAGE AND HOBLI,
CHICKBALLAPUR TALUK – 562 101.

9. SMT. SADAMMA
D/O LATE VASANTHAMMA AND
LATE BERAKAPPA,
W/O LATE KEMPAIAH,
SRIRAMAPURA VILLAGE,
YALAHANKA TALUK – 562 101,
BENGALURU DISTRICT.
…APPELLANTS
(BY SRI. NARASIMHA MURTHY L, ADVOCATE)

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AND:

1. SRI. MUNIVENKATASWAMY
S/O LATE SONNAPPA,
AGED ABOUT 60 YEARS,
R/AT BIDARAHALLI VILLAGE,
VIRGONAGAR POST,
BENGALURU NORTH TALUK – 560 049.

2. SMT. MUNIYAMMA
W/O LATE MUNISHAMAPPA,
AGED ABOUT 71 YEARS,
R/AT NANDI VILLAGE AND HOBLI,
CHICKBALLAPURA TALUK – 562 101,
CHICKBALLAPUR DISTRICT.

3. SMT. ANJINAMMA
D/O LATE MUNISHAMAPPA,
S/O NARAYANASWAMY,
AGED ABOUT 56 YEARS,
R/AT NANDI VILLAGE AND HOBLI,
CHICKBALLAPUR TALUK – 562 101.

4. SRI. GANGADHAR
S/O LATE MUNISHAMAPPA
AGED ABOUT 52 YEARS,
R/AT NANDI VILLAGE AND HOBLI,
CHICKBALLAPUR TALUK – 562 101.

5. SMT. ANJINAMMA
D/O LATE BASAPPA,
W/O THIMMARAYAPPA,
AGED ABOUT 54 YEARS,
R/AT AVATHI VILLAGE,
DEVANAHALLI TALUK – 562 110.

6. SMT MANJULAMMA
D/O LATE BASAPPA,
W/O SRINIVASA,
AGED ABOUT 52 YEARS,

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R/AT NANDI VILLAGE AND HOBLI,
CHICKBALLAPUR TALUK – 562 101.

7. SMT MUNIYAMMA
D/O LATE BASAPPA,
W/O VENKATARONAPPA,
AGED ABOUT 51 YEARS,
R/AT WARD NO.20,
SRIRAMANAGAR,
CHINTAMANI – 563 125,
CHICKBALLAPUR DISTRICT.

8. SMT. PARVATHI C
D/O LATE BASAPPA,
W/O M ANJINAPPA,
AGED ABOUT 42 YEARS,
R/AT NO.438, ST MARIS CROSS,
NAGANNAPALYA, MARUTHI SEVA NAGAR,
BENGALURU NORTH,
BENGALURU – 560 033.

9. SRI. B. SHIVAJI
S/O LATE BASAPPA,
AGED ABOUT 41 YEARS,
R/AT YALUVAHALLI VILLAGE,
NANDI HOBLI,
CHICKBALLAPUR TALUK – 562 101.

10. SMT. LAKSHMAMMA
W/O LATE NANDI MUNIYAPPA,
AGED ABOUT 66 YEARS,

11. SRI. N.M. SHIVAKUMAR
S/O LATE NANDI MUNIYAPPA,
AGED ABOUT 45 YEARS,

12. SMT. M. NETHRAVATHI
D/O LATE NANDI MUNIYAPPA,
AGED ABOUT 40 YEARS.

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RESPONDENT NO.10 TO 12 ARE
R/AT MELURU VILLAGE,
SIDLAGHATTA TALUK – 562 105.

13. SMT MUNIYAMMA
D/O LATE VASANTHAPPA,
W/O VENKATARAYAPPA,
AGED ABOUT 66 YEARS,
R/AT YALUVAHALLI VILLAGE,
NANDI HOBLI,
CHICKBALLAPUR TALUK – 562 101.

14. SMT NARAYANAMMA
W/O LATE NARAYANASWAMY,
AGED ABOUT 55 YEARS,
R/AT NANDI VILLAGE AND HOBLI,
CHICKBALLAPUR TALUK – 562 101.

15. SMT. N.G. NAVITHA
D/O M GOVINDAPPA,
AGED ABOUT 40 YEARS,
R/AT NANDI VILLAGE AND HOBLI,
CHICKBALLAPUR TALUK – 562 101.

16. SMT. N.G. SAVITHA
D/O M. GOVINDAPPA,
AGED ABOUT 35 YEARS,
R/AT NO.977,
NEAR HOODI BUS STAND,
WHITEFIELD ROAD,
BENGALURU – 560 048.

17. SRI. N.G. NAVEEN
S/O M GOVINDAPPA,
AGED ABOUT 32 YEARS,
R/AT NANDI VILLAGE AND HOBLI,
CHICKBALLAPUR TALUK – 562 101.

18. SRI. N.G. NAVEEN
S/O M GOVINDAPPA,

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AGED ABOUT 32 YEARS,
R/AT NANDI VILLAGE AND HOBLI,
CHICKBALLAPUR TALUK – 562 101.

19. SRI. PRAKASH B CHABRIYA
D/O B.N. CHABRIYA,
AGED ABOUT 50 YEARS,
R/AT NO.433, 11TH MAIN,
RMV EXTENSION,
SADASHIVANAGAR,
BENGALURU – 560 080.

20. KHUSHBOO P. CHABRIYA
D/O B.N. CHABRIYA,
AGED ABOUT 50 YEARS,
R/AT NO.433, 11TH MAIN,
RMV EXTENSION,
SADASHIVANAGAR,
BENGALURU – 560 080.

21. SRI. MURULI S
S/O SRINIVAS N C,
AGED ABOUT 36 YEARS,
R/AT NANDI VILLAGE AND HOBLI,
CHICKBALLAPUR TALUK – 562 101.

22. SRI. GOPI C
S/O LATE CHIKKA AKKALAPPA,
AGED ABOUT 45 YEARS,
R/AT NANDI VILLAGE AND HOBLI,
CHICKBALLAPUR TALUK – 562 101.

23. SMT. LAKSHMIDEVAMMA
W/O LATE MUNIYAPPA,
AGED ABOUT 66 YEARS,
R/AT NANDI VILLAGE AND HOBLI,
CHICKBALLAPUR TALUK – 562 101.

24. SRI. SANTHOSH T.J
S/O JAYACHANDRA T.B,

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AGED ABOUT 36 YEARS,
R/AT NANDI VILLAGE AND HOBLI,
CHICKBALLAPUR TALUK – 562 101.

25. SRI. K NAGARAJU
S/O K KRISHNAPPA,
AGED ABOUT 61 YEARS,
R/AT NANDI VILLAGE AND HOBLI,
CHICKBALLAPUR TALUK – 562 101.

26. SRI. MUNISHAMY
S/O CHIKKANANJAPPA,
AGED ABOUT 41 YEARS,
R/AT NANDI VILLAGE AND HOBLI,
CHICKBALLAPUR TALUK – 562 101.

27. SRI. C. NAGARAJU
S/O LATE CHINNAPPA,
AGED ABOUT 41 YEARS,
R/AT NANDI VILLAGE AND HOBLI,
CHICKBALLAPUR TALUK – 562 101.

28. SRI. J. RAVI
S/O LATE N. JAYARAMAIAH,
AGED ABOUT 56 YEARS,
R/AT NANDI VILLAGE AND HOBLI,
CHICKBALLAPUR TALUK – 562 101.
…RESPONDENTS
(BY SRI. H.V. DEVARAJU, ADVOCATE FOR R15 TO 18;
SRI. M.K. SHIVARAM, ADVOCATE FOR R19 AND R20;
SRI. BABU T.C, ADVOCATE FOR R25;
R21, R23 AND R26 ARE SERVED AND UNREPRESENTED;
VIDE ORDER DATED 21.12.2023, NOTICE TO R1 TO R14 IS
DISPENSED WITH)

THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) OF
CPC, PRAYING TO SET ASIDE THE ORDER DATED 03.10.2023
PASSED ON IA.NO.1 IN O.S.NO.232/2022 BY THE PRINCIPAL
SENIOR CIVIL JUDGE AND CJM, CHIKKABALLAPUR.

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

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:



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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) Since the parties are represented before this
Court, they shall appear before the learned

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District Judge on 25.11.2026 without awaiting
any further notice;

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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