SRI. BEERENDRA KUMAR vs SRI. SHANKAR. R
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:60900
MFA No. 3519 of 2025
C/W MFA No. 2853 of 2025
MFA No. 2928 of 2025
AND 2 OTHERS
CNR: KAHC010324832025
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. 3519 OF 2025 (CPC)
C/W
MISCELLANEOUS FIRST APPEAL NO. 2853 OF 2025 (CPC)
MISCELLANEOUS FIRST APPEAL NO. 2928 OF 2025 (CPC)
MISCELLANEOUS FIRST APPEAL NO. 2940 OF 2025 (CPC)
MISCELLANEOUS FIRST APPEAL NO. 2943 OF 2025 (CPC)
IN MFA No. 3519/2025
BETWEEN:
SRI. BEERENDRA KUMAR
S/O LATE DODDABASAPPA
AGED ABOUT 50 YEARS
RESIDING AT ARASANAHALLI VILLAGE
SULIBELE HOBLI, HOSAKOTE TALUK,
BANGALORE RURAL DISTRICT - 562 114
AND ALSO AT 94, 2ND MAIN,
10TH CROSS MUNESWARA LAYOUT,
NEAR SURYA BAKERY, LEGGERE BRIDGE
BANGALORE - 560 058
…APPELLANT
(BY SRI. RAJESH A., ADVOCATE)
Digitally
signed by
VINUTHA M
Location:
HIGH
COURT OF
KARNATAKA
AND:
1.
SRI. SHANKAR. R
S/O RAMAKRISHNAPPA
AGED ABOUT 39 YEARS
RESIDING AT NO 101 HALEOORU VILLAGE ,
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HC-KAR
NC: 2026:KHC:60900
MFA No. 3519 of 2025
C/W MFA No. 2853 of 2025
MFA No. 2928 of 2025
AND 2 OTHERS
CNR: KAHC010324832025
NANDAGUDI HOBLI, HOSAKOTE TALUK,
BENGALURU RURAL DISTRICT - 562 114
2. SRI NAGARAJU
S/O BASAPPA
AGED ABOUT 54 YEARS
RESIDING AT ARASANAHALLI VILLAGE
SULIBELE HOBLI, HOSAKOTE TALUK
BENGALURU RURAL DISTRICT - 562 114
3.
SRI MURTHY
S/O BASAPPA
AGED ABOUT 50 YEARS
RESIDING AT ARASANAHALLI VILLAGE
SULIBELE HOBLI, HOSAKOTE TALUK,
BANGALORE RURAL DISTRICT - 562 114
4. SRI RAJA
S/O BASAPPA
AGED ABOUT 45 YEARS
RESIDING AT ARASANAHALLI VILLAGE
SULIBELE HOBLI, HOSAKOTE TALUK,
BANGALORE RURAL DISTRICT - 562 114
5. SRI RAGHAVENDRA
S/O BASAPPA
AGED ABOUT 38 YEARS
RESIDING AT ARASANAHALLI VILLAGE
SULIBELE HOBLI, HOSAKOTE TALUK,
BANGALORE RURAL DISTRICT - 562 114
…RESPONDENTS
(BY SRI. PUNITH C., ADVOCATE FOR C/R1)
THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST
THE ORDER DATED 11.04.2025 PASSED ON I.A.NOS.1 AND 2
- 3 -
HC-KAR
NC: 2026:KHC:60900
MFA No. 3519 of 2025
C/W MFA No. 2853 of 2025
MFA No. 2928 of 2025
AND 2 OTHERS
CNR: KAHC010324832025
TO 5 IN OS.NO.36/2025 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND JMFC, HOSAKOTE, ALLOWING THE IA.NO.1 FILED
UNDER ORDER 39 RULE 1 AND 2 OF CPC AND REJECTING THE
I.A.NO.2 FILED UNDER ORDER 39 RULE 4 R/W SECTION 151
OF CPC AND REJECTING THE IA.NOS 3 TO 5 FILED UNDER
ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC.
IN MFA NO. 2853/2025
BETWEEN:
1. SRI NAGAAJU B
S/O. LATE BASAPPA CHIKKABASAPPA,
AGED ABOUT 53 YEARS,
2. SRI. KRISHNAMURTHY @ MURTHY,
S/O. LATE BASAPPA @ CHIKKABASAPPA,
AGED ABOUT 48 YEARS,
3. SRI. RAJANNA @ RAJA,
S/O. LATE BASAPPA @ CHIKKABASAPPA,
AGED ABOUT 44 YEARS,
4. SRI. RAGHAVENDRA B.
S/O. LATE BASAPPA @ CHIKKABASAPPA,
AGED ABOUT 32 YEARS,
ALL THE APPELLANTS ARE RESIDING AT
ARASANAHALLI VILLAGE, SULEBELE POST,
SULEBELE HOBLI,
HOSAKOTE TALUK - 562 129,
BENGALURU RURAL DISTRICT.
...APPELLANTS
(BY SRI. RAJESH A., ADVOCATE)
- 4 -
HC-KAR
NC: 2026:KHC:60900
MFA No. 3519 of 2025
C/W MFA No. 2853 of 2025
MFA No. 2928 of 2025
AND 2 OTHERS
CNR: KAHC010324832025
AND:
1.
SRI SHANKAR R
S/O. RAMAKRISHNAPPA,
AGED ABOUT 39 YEARS,
R/AT NO. 101, HALEOORU VILLAGE,
NANDAGUDI HOBLI, HOSKOTE TALUK - 562 114,
BENGALURU RURAL DISTRICT.
2. SRI. BEERENDRA KUMAR,
S/O. LATE DODDABASAPPA,
AGED ABOUT 45 YEARS,
RESIDING AT ARASANAHALLI VILLAGE,
SULEBELE HOBLI, HOASKOTE TALUK - 562 129,
BENGALURU RURAL DISTRICT.
...RESPONDENTS
(BY SRI. B. RAMESH, ADVOCATE FOR R1 TO R4)
THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION
151 OF CPC, AGAINST THE ORDER DATED 01.04.2025
PASSED ON I.A.NO.4 IN OS.NO. 36/2025 ON THE
FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HOSAKOTE,
REJECTING THE I.A.NO.4 FILED UNDER ORDER 39 RULE 1
AND 2 READ WITH SECTION 151 OF CPC.
IN MFA NO. 2928/2025
BETWEEN:
1. SRI NAGARAJU B
S/O. LATE BASAPPA @ CHIKKABASAPPA,
AGED ABOUT 53 YEARS,
2. SRI. KRISHNAMURTHY @ MURTHY
S/O. LATE BASAPPA @ CHIKKABASAPPA,
AGED ABOUT 48 YEARS,
- 5 -
HC-KAR
NC: 2026:KHC:60900
MFA No. 3519 of 2025
C/W MFA No. 2853 of 2025
MFA No. 2928 of 2025
AND 2 OTHERS
CNR: KAHC010324832025
3. SRI. RAJANNA @ RAJA,
S/O. LATE BASAPPA @ CHIKKABASAPPA,
AGED ABOUT 44 YEARS,
4. SRI. RAGHAVENDRA B.
S/O. LATE BASAPPA @ CHIKKABASAPPA,
AGED ABOUT 32 YEARS,
ALL THE APPELLANTS ARE RESIDING AT
ARASANAHALLI VILLAGE, SULEBELE POST,
SULEBELE HOBLI, HOSAKOTE TALUK - 562 129,
BENGALURU RURAL DISTRICT.
...APPELLANTS
(BY SRI. RAJESH A., ADVOCATE)
AND:
1. SRI. SHANKAR R.
S/O. RAMAKRISHNAPPA,
AGED ABOUT 39 YEARS,
R/AT NO.101, HALEOORU VILLAGE,
NANDAGUDI HOBLI, HOSKOTE TALUK - 562 114,
BENGALURU RURAL DISTRICT.
2. SRI. BEERENDRA KUMAR
S/O. LATE DODDABASAPPA,
AGED ABOUT 45 YEARS,
RESIDING AT ARASANAHALLI VILLAGE,
SULEBELE HOBLI, HOASKOTE TALUK - 562 129,
BENGALURU RURAL DISTRICT.
...RESPONDENTS
(BY SRI. B. RAMESH, ADVOCATE FOR R1 TO R4)
THIS MFA IS FILED U/O 43 RULE 1(r) AGAINST THE
ORDER DATED 01.04.2025 PASSED ON I.A.NO.V IN
- 6 -
HC-KAR
NC: 2026:KHC:60900
MFA No. 3519 of 2025
C/W MFA No. 2853 of 2025
MFA No. 2928 of 2025
AND 2 OTHERS
CNR: KAHC010324832025
OS.NO.36/2025 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND JMFC, HOSAKOTE, REJECTING THE I.A.NO.5 FILED
UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION
151 OF CPC.
IN MFA NO. 2940/2025
BETWEEN:
1.
SRI NAGARAJU B
S/O. LATE BASAPPA @ CHIKKABASAPPA,
AGED ABOUT 53 YEARS,
2. SRI. KRISHNAMURTHY @ MURTHY,
S/O. LATE BASAPPA @ CHIKKABASAPPA,
AGED ABOUT 48 YEARS,
3. SRI. RAJANNA @ RAJA,
S/O. LATE BASAPPA @ CHIKKABASAPPA,
AGED ABOUT 44 YEARS,
4. SRI. RAGHAVENDRA B.
S/O. LATE BASAPPA @ CHIKKABASAPPA,
AGED ABOUT 32 YEARS,
ALL THE APPELLANTS ARE
RESIDING AT ARASANAHALLI VILLAGE,
SULEBELE POST, SULEBELE HOBLI,
HOSAKOTE TALUK - 562 129,
BENGALURU RURAL DISTRICT.
...APPELLANTS
(BY SRI. RAJESH A., ADVOCATE)
AND:
1. SRI SHANKAR R
S/O. RAMAKRISHNAPPA,
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HC-KAR
NC: 2026:KHC:60900
MFA No. 3519 of 2025
C/W MFA No. 2853 of 2025
MFA No. 2928 of 2025
AND 2 OTHERS
CNR: KAHC010324832025
AGED ABOUT 39 YEARS,
R/AT NO.101, HALEOORU VILLAGE,
NANDAGUDI HOBLI,
HOSKOTE TALUK - 562 114,
BENGALURU RURAL DISTRICT.
2. SRI. BEERENDRA KUMAR,
S/O. LATE DODDABASAPPA,
AGED ABOUT 45 YEARS,
RESIDING AT ARASANAHALLI VILLAGE,
SULEBELE HOBLI, SULEBELE POST,
HOASKOTE TALUK - 562 129,
BENGALURU RURAL DISTRICT.
...RESPONDENTS
(BY SRI. B. RAMESH, ADVOCATE FOR R1 TO R4)
THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC,
AGAINST THE ORDER DT. 01.04.2025 PASSED ON IA NO.3
IN O.S.NO.36/2025 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND JMFC, HOSAKOTE, REJECTING THE IA.NO3
FILED UNDER ORDER RULE 1 AND 2 R/W SECTION 151 OF
CPC.
IN MFA NO. 2943/2025
BETWEEN:
1. SRI NAGARAJU B
S/O. LATE BASAPPA @ CHIKKABASAPPA,
AGED ABOUT 53 YEARS,
2.
SRI. KRISHNAMURTHY @ MURTHY,
S/O. LATE BASAPPA @ CHIKKABASAPPA,
AGED ABOUT 48 YEARS,
- 8 -
HC-KAR
NC: 2026:KHC:60900
MFA No. 3519 of 2025
C/W MFA No. 2853 of 2025
MFA No. 2928 of 2025
AND 2 OTHERS
CNR: KAHC010324832025
3. SRI. RAJANNA @ RAJA,
S/O. LATE BASAPPA @ CHIKKABASAPPA,
AGED ABOUT 44 YEARS,
4. SRI. RAGHAVENDRA B.
S/O. LATE BASAPPA @ CHIKKABASAPPA,
AGED ABOUT 32 YEARS,
ALL THE APPELLANTS ARE RESIDING AT
ARASANAHALLI VILLAGE,
SULEBELE HOBLI, SULEBELE POST,
HOSAKOTE TALUK - 562 129,
BENGALURU RURAL DISTRICT.
..APPELLANTS
(BY SRI. RAJESH A., ADVOCATE)
AND:
1. SRI SHANKAR R
S/O. RAMAKRISHNAPPA,
AGED ABOUT 39 YEARS,
R/AT NO.101, HALEOORU VILLAGE,
NANDAGUDI HOBLI, HOSKOTE TALUK - 562 114,
BENGALURU RURAL DISTRICT.
2. SRI. BEERENDRA KUMAR,
S/O. LATE DODDABASAPPA,
AGED ABOUT 45 YEARS,
RESIDING AT ARASANAHALLI VILLAGE,
SULEBELE HOBLI, SULEBELE POST,
HOSAKOTE TALUK - 562 129,
BENGALURU RURAL DISTRICT
...RESPONDENTS
(BY SRI. B. RAMESH, ADVOCATE FOR R1 TO R4)
THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED 01.04.2025 PASSED ON
- 9 -
HC-KAR
NC: 2026:KHC:60900
MFA No. 3519 of 2025
C/W MFA No. 2853 of 2025
MFA No. 2928 of 2025
AND 2 OTHERS
CNR: KAHC010324832025
I.A.NO.1 IN OS.NO.36/2025 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND JMFC, HOSAKOTE, ALLOWING THE
I.A.NO.1 FILED UNDER ORDER 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 are 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
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HC-KAR
NC: 2026:KHC:60900
MFA No. 3519 of 2025
C/W MFA No. 2853 of 2025
MFA No. 2928 of 2025
AND 2 OTHERS
CNR: KAHC010324832025
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) 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 case
- 11 -
HC-KAR
NC: 2026:KHC:60900
MFA No. 3519 of 2025
C/W MFA No. 2853 of 2025
MFA No. 2928 of 2025
AND 2 OTHERS
CNR: KAHC010324832025
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 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.: 11